Amendment Text:
H.Amdt.30 — 112th Congress (2011-2012)

There is one version of the amendment.

Shown Here:Amendment as Offered (02/15/2011)

This Amendment appears on page H897 in the following article from the Congressional Record.

[Pages H858-H913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2011
The SPEAKER pro tempore. Pursuant to House Resolution 92 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 1.
{time} 2008
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 1) making appropriations for the Department of Defense
and the other departments and agencies of the Government for the fiscal
year ending September 30, 2011, and for other purposes, with Mr.
Conaway (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
amendment No. 2, offered by the gentleman from Florida (Mr. Rooney),
was pending.
Mr. CHABOT. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. CHABOT. I rise in opposition to the gentleman's amendment.
Mr. Chairman, as we debate the funding of a competing engine for the
Joint Strike Fighter Program, there are a few key points that we should
keep in mind.
First, competition has long been the best way to control costs on
large defense programs, and competition is the centerpiece of
acquisition reform. By funding competing engines for the Joint Strike
Fighter, we can save $21 billion. Let me repeat that, $21 billion
savings in taxpayer money over time according to the Government
Accountability Office.
{time} 2010
Beyond the GAO's projections, our recent history demonstrates that
competition also leads to a more efficient process, quicker innovation,
and better contractor responsiveness. Recently, the Quadrennial Defense
Review Independent Panel concluded, ``History has shown that the only
reliable source of price reduction through the life of a program is
competition between dual sources.'' Additionally, the absence of
competition makes it harder to address the issues that inevitably arise
in connection with sophisticated and critical technology, such as jet
engines.
Mr. Chairman, we are seeing such issues on the lead engine for the
Joint Strike Fighter. Pratt & Whitney was designated to power the JSF
aircraft under the theory that it could effectively derive an engine
from its engine for the F-22. Unfortunately, it wasn't as easy as they
had anticipated. As a result, the lead engine for the Joint Strike
Fighter is now billions of dollars over budget and, worse, struggling
to perform the critical functional requirements for the aircraft.
I quote directly from the GAO report from March 2010: ``The Pratt
engine is now estimated to cost about $7.3 billion, a 50 percent
increase over the original contract award. The total projected cost
increased $800 million in 2008. Engine development cost increases
primarily resulted from higher costs for labor and materials, supplier
problems, and the rework needed to correct deficiencies with an engine
blade during redesign. Engine test problems have also slowed
development.''
The GAO further confirmed an additional total project cost increase
of $1.2 billion in 2010 alone to cover higher than expected engine
costs, tooling, and other items. And on February 11, 2011, yet another
cost overrun on the lead engine was announced, this time totaling at
least $1 billion, bringing total cost overruns on the lead engine to an
astounding $3.5 billion today.
The Department of Defense says we don't need a second engine, but
these issues won't fix themselves. Only competition will help control
costs and create a better, more efficient process. I ask you, How can
we afford not to invest in a competing engine? Bottom line, having the
engine makers fight head-to-head will give us a far more capable, more
cost effective Joint Strike Fighter.
I yield back the balance of my time.
Mr. COURTNEY. I move to strike the last word.
The Acting CHAIR. The gentleman from Connecticut is recognized for 5
minutes.
Mr. COURTNEY. Mr. Chair, I rise in support of the gentleman from
Florida's amendment. And as a fellow member of the House Armed Services
Committee, I just want to share at least some of the ad nauseam length
of input that we have had at the Armed Services Committee over the last
2 or 3 years talking about this issue.
We have had the benefit of hearing from the warfighters, the heads of
the various branches that are dealing with this program, whether it's
the Marines, the Navy, the Air Force, and they have repeatedly, over
the last 2 or 3 years, stated that there is no justification for this
wasteful spending which, again, both the President and the Secretary of
Defense have also supported.
On the Seapower Subcommittee, which I serve on, Admiral Roughead, the
CNO, head of the Navy, talked about the disastrous operational impact
that having two engines would have in terms of our aircraft carriers.
As he stated: ``One can look at a carrier and see a very large ship,
but when
[[Page H859]]
that ship is deployed, we have things packed in almost every nook and
cranny in order to provide that reliability and responsiveness. So
having to stock two different types of engines is just not practical
for us.''
It would be totally unrealistic to have a situation where the F-35B
and the F-35C, which are the planes which will land on our aircraft
carriers, have to fly in with two separate engines that would require
two separate systems of maintenance and repair. And the notion which
was stated earlier by one of the prior speakers that they are somehow
interchangeable--well, if we're going to have interchangeability, then
we may as well just have one engine system which is, in fact, what we
have today in terms of the F-18 Super Hornets which land on aircraft
carriers every day of the year. It is one engine supplier which
provides the engines for those Super Hornets, GE, and good for them.
And as Admiral Roughead said, he really doesn't care which engine it
is, but the Navy needs to have only one system in order for them to be
operational on the 11 aircraft carriers that today make up a key
component of our national defense.
One person on the committee sort of suggested the fact that, well,
maybe a way to solve that problem would be to have GE aircraft carriers
and Pratt & Whitney aircraft carriers which, again, kind of I think
highlights the absurdity of the notion that you are going to have two
separate engine systems on these vessels on which every square inch is
precious.
Mr. Chair, we have heard a lot of talk about competition. I'm sure
there is going to be lots of rebuttal about the fact that there was a
competition which led into the selection of the Pratt & Whitney engine.
But what I would just end with is that competition is one thing;
redundancy and waste is another.
We do not have two of everything in terms of our procurement systems.
We did not have two engines for Blackhawk helicopters. We did not have
two engines for F-18s or our ships. We don't have two nuclear reactor
systems for our submarines, for our aircraft carriers. We don't have
two separate engines for our destroyers.
The fact of the matter is you have to make decisions sometimes in
order to achieve efficiency, and that's where we are today with the F-
35 program. The notion that we are going to add $3 billion to
production costs by having a separate alternate engine and all of the
rippling effects of operational headaches which Admiral Roughead
eloquently described before the Armed Services Committee is just not
something that our military can afford today.
We have reached a tipping point in terms of our military budgets. We
have got to focus on effective, efficient use of resources to help the
warfighter and to advance our national security. And having a bloated,
wasteful system of an alternate engine, which is the way The Washington
Post described this program, is not the way to achieve that goal.
I strongly support this amendment and urge my colleagues to pass this
amendment for a cost-effective, efficient use of our resources for our
national defense.
I yield back the balance of my time.
Mrs. SCHMIDT. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Ohio is recognized for 5
minutes.
Mrs. SCHMIDT. Mr. Chair, I rise today to strongly urge my colleagues
to vote ``no'' on this amendment. This is the wrong way to go at our
critical hour of need. Congress has consistently provided funding for
the development of the alternative engine because Congress knows full
well the benefits of competition in weapons acquisition and
procurement.
Last session, we passed the Weapons Systems Acquisition Reform Act of
2009, 411-0 in favor, and, in fact, our Senate colleagues agreed with
95-0. If there is such overwhelming bipartisan agreement in both
Chambers on the need for competition in weapons systems acquisition,
then why are we taking a vote to eliminate competition for the
propulsion system that is going to power 95 percent of our tactical
fighter fleet over the next 40 years?
Section 202 of the Weapons Systems Acquisition Reform Act clearly
states, ``The Secretary of Defense shall ensure that the acquisition
strategy for each major defense acquisition program includes measures
to ensure competition throughout the life cycle of such program.''
The Joint Strike Fighter is the Department of Defense's largest
procurement program. The Department of Defense plan calls for acquiring
nearly 2,500 Joint Strike Fighters. Hundreds of additional F-35s were
expected to be purchased by U.S. allies. If the propulsion system that
powers nearly 3,000 tactical jet fighters is not a major defense
acquisition, then I'm not sure what qualifies.
Passing this amendment will hand Pratt & Whitney a $100 billion
monopoly on a 30-year contract that has never been competitively bid.
Proponents of this amendment will argue that Pratt & Whitney won the
engine competition when Lockheed was awarded the contract to develop a
Joint Strike Fighter. Not so fast.
Last May, Mr. John Roth, from the Office of the Under Secretary of
Defense Comptroller, and Mr. Mike Sullivan, the Director of Acquisition
and Sourcing Management at the GAO, both testified before the House
Oversight and Government Reform's Subcommittee on National Security and
Foreign Affairs that the competition was done at the contractor level
and that the engines were never actually competed.
The point of all this, Mr. Chair, is that the engine competition
never occurred, and it is disingenuous to argue that Pratt & Whitney
has already won. The fact is that providing funds for the competitive
alternate engine will ultimately drive down costs, improve product
quality and contractor responsiveness, drive technological innovation,
and ensure that taxpayer dollars are not wasted.
{time} 2020
History shows that competing engines can result in significant long-
term savings. The ``Great Engine War'' saved the F16 program 21 percent
in overall costs according to the 2007 GAO report. This represents $20
billion in savings for the lifetime of the Joint Strike Fighter Engine
program.
Additionally, the alternative engine team represented by GE and
Rolls-Royce offered the Department of Defense a fixed-priced contract.
Their offer saves $1 billion in the first 5 years and puts cost
overruns at the risk of the contractor. This is an unprecedented move
in major defense acquisition.
Finally, providing for a competitive alternate engine will serve as a
hedge against operational risk and ensure that a fighter that makes up
95 percent of our tactical fleet is not grounded due to engine
failures.
Fully funding the alternative engine is not only prudent risk
management, but an acknowledgment of the fundamental responsibility
that Congress has to protect and provide the most reliable equipment to
our men and women in uniform.
Mr. Chairman, I urge my colleagues to vote ``no'' on this ill-guided
amendment. It will not save taxpayers money in the long run. I'm not
even sure it's really going to save them money in the short run.
I yield back my time.
Mr. LARSON of Connecticut. I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. LARSON of Connecticut. Mr. Chairman, I rise in support of the
amendment by Tom Rooney of Florida. Let me commend my colleague from
Florida, first and foremost, and those that have joined him in this
amendment.
At the President's State of the Union message there was a symbolic
gesture in this Chamber for us to sit together, and we did. And we
talked about the camaraderie and the need to reach out and work
together.
I applaud my colleague for his strong stance and his willingness to
work bipartisanly to do what the Navy, the Air Force, the Marines, the
Secretary of Defense, the Bush administration and the Obama
administration have asked Congress to do: end this wasteful,
duplicative spending.
There are new Members that have come to Congress on both sides with
new zeal and the ability to perhaps look outside the beltway at what
people have to experience on a regular
[[Page H860]]
basis, and they scratch their heads in awe of what seems to be a
commonsense proposal by the Bush administration, by the Obama
administration, by the Air Force, by the Marines, and by the Navy, and
that's to end this wasteful spending.
We've heard great talk about competition. My God, I'm all for
competition. I don't think there isn't a person who isn't for
competition. Two engines, why not three? Why not four? It would be
better overall for our industrial base.
But the people on the committee know the hard truth, as do all
Americans. We've seen it. I fault no one for support of the interest of
their State or their district or their employees, but let's be honest
about this. We're going to have to make priorities. I've witnessed it
in the C-17 and the F-22. And there comes a time when you recognize
that we need these precious dollars. There has to be cuts. Both sides
have acknowledged, and again I want to compliment my colleagues on the
other side for the zeal that they have come here with to say, listen,
the Pentagon isn't sacrosanct either, and we have to make these cuts.
And here's the Secretary of Defense pleading yesterday at a
conference saying, please, the Navy, the Marines, the Air Force do not
want this engine.
Look, competition is great, but let's look at some of the facts here
that have been cited as well. If you have 86 percent of the market
currently, and you're seeking to get 92 percent of it, where does
competition lie? With a company that has 86 percent? I don't think so.
And I think anyone who looks at this from a commonsense perspective
comes to that understanding, comes to that difficult decision that has
to be made with respect to the Nation's deficit.
Now, Mr. Rooney has proposed that this money go directly into a lock
box to deal with the Nation's deficit. There are a lot of good
proposals where to use money, but that's what he's proposed. I submit,
as a Democrat who would like to see the money going to COPS funding, to
make sure that LIHEAP funding gets there, that these are the kinds of
compromises and decisions that we have to make. And this is what's
right for the country. We have to address this deficit.
And if we have our leadership, the Bush administration, and their
Pentagon, the Obama administration, you heard Joe Courtney talk about
Admiral Roughead again saying today the absurdity involved in this
argument.
It doesn't matter what company. What matters is this country. I
strongly support his amendment.
Mr. DOLD. I move to strike the last word.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. DOLD. Mr. Chairman, I rise today in support of the amendment. At
a time when we're running at $1.48 trillion deficits, the President's
budget actually talks about a $1.6 trillion deficit. We're looking at
debts of $14 trillion.
We have to tighten our belt. There is no question about it. The
American public's doing it. We've asked the American families and
businesses across the land to tighten their belts in order to get by.
The Federal Government should be no different.
Now, we are very strong on defense. We want to make sure that those
that are in harm's way have everything at their disposal to make sure
that they can do the task that we've asked them to do. This, however is
the program that the Department of Defense, the Secretary of Defense
has said we don't need it, we don't want it. We need to make sure that
we are cutting back across the board in terms of all different
Departments. We need to go into every single one and say, where are the
areas that we can cut back? Where is there duplication? Where are there
areas that we can find that we don't need to spend today? This is a
program that will save the American taxpayer $3 billion.
Now, we admit, competition is good. But why not three engines? Why
not four engines? The reason why, as someone said, is we can't afford
it. We can't afford two right now. We want to make sure that the engine
that's out there, the one that has been awarded by the Department of
Defense, has the opportunity to move forward. It is the base for the F-
22. It certainly has proved itself in terms of a base engine. They're
making improvements, but this is an engine that they've invested over
20,000 flight hours in. This is something that is going to move
forward. The question is, are we going to fund an additional engine?
I think that we need to talk about saving dollars, saving $3 billion
when both the Bush administration, the current administration right
now, and the Department of Defense, the Secretary of Defense--and when
was the last time you heard any of the Secretaries advocating that we
don't need this money?
{time} 2030
This is probably a very historic moment. They are absolutely, 100
percent looking out for the safety of those that wear the uniform.
I am going to urge my colleagues that we have to step forward, we
have to cut back on areas, and this is an area that the Secretary of
Defense has said we need to cut back on. I am going to urge you to vote
``yes'' in favor of this amendment.
I yield back the balance of my time.
Mr. MURPHY of Connecticut. Mr. Chairman, I move to strike the last
word.
The Acting CHAIR. The gentleman from Connecticut is recognized for 5
minutes.
Mr. MURPHY of Connecticut. I rise in strong support of the amendment
from the gentleman from Florida.
Cutting spending is not easy, but this one should be. I think the
gentleman hit it right on the head. You are talking about the
Department of Defense, the Secretary of Defense, the President, the
generals who command the field all recommending against the development
of a second engine. We should listen.
Now, we have heard a lot of discussion tonight, as we have when we've
debated this issue in the past, about the dual issues of both quality
and cost. But if this was really about the issues of both quality and
cost, then we wouldn't just be talking about building a second engine.
We would be talking about building a second plane; we would be talking
about building a second aircraft carrier.
But as Representative Courtney so eloquently stated, the reason that
we aren't talking about competitive bidding for a second plane, the
reason why we aren't talking about two or three different aircraft
carriers is that our generals, our military professionals have told us
over and over again that it would be a tactical and operational
nightmare to have a diversity of operational platforms with respect to
these large operating systems.
This isn't about quality in the end, because the Army, the Navy, the
Secretary of Defense tell us that it's not about quality.
If this was really about quality and cost, then we would have actual
real competition. But we're not going to have real actual competition.
What we know about these competitive bidding arrangements is that there
is an explicit or implicit floor in the amount of business that you
get. So whichever one of these engines is the inferior engine or the
more costly engine is going to, on average, get about 40 percent of the
business on an annual basis. That's not real competition.
If we want to talk about real competition, then there has to be real
winners and losers here. That's not what is going on in the proposal
before us. And if this was really about quality and cost, then we
wouldn't have two other tactical aircraft programs that have a single
engine and also have a near spotless record of performance and cost
control.
We know how this works in other major aircraft acquisition programs.
Single engines work. They have worked.
I think in the end, though, this is really just about who we listen
to. I have great respect for the Members of this Congress who have
served for years on the Armed Services Committee; but I think that when
we get such unanimity of opinion, such uniformness of opinion from our
military generals, from the Department of Defense, and the men and
women who are going to be flying these planes, we should listen.
We should listen because it's the right thing to do for them, and we
should listen because $3 billion isn't
[[Page H861]]
easy to cut out of the budget. But it's a lot easier when we have the
people that are going to be handling the aircraft and the equipment
telling us it's the right thing to do. I rise in support of the
amendment.
Mr. KINGSTON. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Georgia is recognized for 5
minutes.
Mr. KINGSTON. Mr. Chairman, I rise in opposition to this amendment.
This amendment is contrary to the interests of taxpayers and our
military. It is not a cost-saving amendment. It is an anti-competition
amendment. Therefore, it will cost us more money in the long run.
It is recognized that the Department of Defense suffers from a lack
of competition and acquisition process. Sole-source contracts already
account for $140 billion, or 38 percent, of the $366 billion that DOD
spent on contracts in fiscal year 2010.
We know from experience that competing the engine on the F-35 is
likely to both save money and improve the performance on both engines.
It's not me saying that; the GAO and DOD's own internal studies have
said it.
DOD says it will cost $2.9 billion to develop an alternative engine,
although GAO says it may be much less. The F-35 will cost about $100
billion. GAO's analysis suggests a savings of about 20 percent in
procurement, with an additional savings over the life cycle of the
programs. The alternative engine would more than pay for itself in
future savings, even putting aside the potential benefits in
performance.
The power of our tactical Air Force is utterly dependent on the
success of the F-35 program. The total cost is approaching $400
billion. The air frame and the engine portions of the program have been
riddled with cost growth throughout the development effort.
Are we to say that it is unreasonable to spend $450 million to ensure
that our fighter pilots have the best aircraft and the best engine
possible? I'm convinced that competition will make both engine variants
of the F-35 better.
And why do we think DOD can stand on a principle that has been proven
over and over again in the marketplace? Competition leads to lower cost
and better performance. Our fighters deserve this.
The DOD's position against this engine has been shown to be faulty on
analysis and driven only by short-term budget considerations. The
independent QDR review panel last year stated: ``History has shown that
the only reliable source of price reduction throughout the life of a
program is competition between dual sources.''
This amendment ignores that history. It will not save money and risks
the combat effectiveness of our Air Force. Mr. Speaker, I oppose the
amendment.
I yield back the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. Only inside the Washington, D.C. beltway could we be
having this debate.
The taxpayers are demanding that we tighten our belts and save money.
The Pentagon says, let's go ahead with the single engine procurement,
which resulted from a competition, which is a quality engine.
Now, if that engine has problems, someone at the Pentagon should be
fired. If there was problems with the original competition, a lot of
people at the Pentagon should be fired. And maybe we ought to look at
overhauling the procurement process.
But to say now, well, we've got a good engine. They want a
competition. But we've got another company that really wishes it had
won the competition but didn't win the competition, and now they still
want to build an engine and the taxpayers should subsidize it, Which is
what this is all about. It only costs $2.9 billion for them to develop
an alternative engine. Only $2.9 billion. Inside the Washington, D.C.
beltway that's not real money.
I guess the joke is, inside the Washington, D.C. beltway, how many
jet engines does it take to fly a single engine fighter? Now, most
Americans would think, well, that's probably not a joke, and it would
be one. Right? No. It's two.
Now, if we need two on the ground, maybe we need two in the air.
Maybe we ought to redesign the plane and put two engines in the tail,
one from one company and one from the other. In case one flames out,
we've got one left at least to bring the plane back. I mean, if we're
so worried about reliability, maybe we just ought to start all over
again. Come on, guys. Let's not be ridiculous here.
Two supply chains. Two sets of mechanics. Two sets of spare parts.
Oh, wait a minute. This plane broke down over here and the mechanic
there and the spare parts are for the other one. Oh, we've got to keep
them sorted out by which engine they've got, where they are, where
they'll fly in the world, what mission they'll go on, which mechanics
we send, which supply chain we send for it.
No, this is not going to save money. This is not going to save money.
If you did a crappy procurement, then fix it; but don't say let's do
another procurement in the way the Pentagon always does things, which
will inevitably be another cost overrun procurement.
So it won't only cost $2.9 billion to develop the alternative engine.
We'll hear 6 months from now, a year from now, Oh, well, we thought we
could develop an alternative for 2.9, but it will be 10. But don't
worry. It will still bring down the overall cost.
Support this amendment. Support common sense. Stand up for the
taxpayers, and stand up for the military which says we don't need a
second engine for this plane. They are the guys who fly them.
{time} 2040
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Rooney).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. ROONEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.
Mr. FRELINGHUYSEN. Mr. Chairman, I ask unanimous consent that the
remainder of the bill through page 127, line 17, be considered as read,
printed in the Record and open to amendment at any point.
The Acting CHAIR. Is there objection to the request of the gentleman
from New Jersey?
There was no objection.
The text of that portion of the bill is as follows:
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $26,742,405,000, to remain
available for obligation until September 30, 2012.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,797,412,000, to
remain available for obligation until September 30, 2012:
Provided, That of the funds made available in this paragraph,
$3,200,000 shall only be available for program management and
oversight of innovative research and development.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $194,910,000, to remain available for obligation
until September 30, 2012.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,434,536,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to
[[Page H862]]
maintain and preserve a U.S.-flag merchant fleet to serve the
national security needs of the United States, $1,474,866,000,
to remain available until expended: Provided, That none of
the funds provided in this paragraph shall be used to award a
new contract that provides for the acquisition of any of the
following major components unless such components are
manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion
system components (engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes:
Provided further, That the exercise of an option in a
contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the
military department responsible for such procurement may
waive the restrictions in the first proviso on a case-by-case
basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire
capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $31,382,198,000; of which $29,671,764,000
shall be for operation and maintenance, of which not to
exceed 1 percent shall remain available until September 30,
2012, and of which up to $16,212,121,000 may be available for
contracts entered into under the TRICARE program; of which
$534,921,000, to remain available for obligation until
September 30, 2013, shall be for procurement; and of which
$1,175,513,000, to remain available for obligation until
September 30, 2012, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $10,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities,
in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare
materials that are not in the chemical weapon stockpile,
$1,467,307,000, of which $1,067,364,000 shall be for
operation and maintenance, of which no less than
$111,178,000, shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $35,130,000 for
activities on military installations and $76,048,000, to
remain available until September 30, 2012, to assist State
and local governments; $7,132,000 shall be for procurement,
to remain available until September 30, 2013; and
$392,811,000, to remain available until September 30, 2012,
shall be for research, development, test and evaluation, of
which $385,868,000 shall only be for the Assembled Chemical
Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,156,957,000: Provided, That the
funds appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $306,794,000, of which
$305,794,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $1,000,000, to
remain available until September 30, 2013, shall be for
procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$292,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $649,732,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That, in the case of a host
nation that does not provide salary increases on an annual
basis, any increase granted by that nation shall be
annualized for the purpose of applying the preceding proviso:
Provided further, That this section shall not apply to
Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this
provision shall not apply to foreign national employees of
the Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2011: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried
out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
[[Page H863]]
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2011: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8008. The Secretaries of the Air Force and the Army
are authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility conversions and
phased repair projects which may include upgrades and
additions to Alaskan range infrastructure and training areas,
and improved access to these ranges.
(transfer of funds)
Sec. 8009. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between
such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8010. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless
in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used
for a multiyear procurement contract as follows:
Navy MH-60R/S Helicopter Systems.
Sec. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2011, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2012 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2012 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2012.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8014. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8015. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
Sec. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
[[Page H864]]
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8017. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8018. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 430 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8024. (a) Of the funds made available in this Act, not
less than $30,374,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,048,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $2,424,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $902,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8025. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2011 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2011,
not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2012 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $125,000,000.
Sec. 8026. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
[[Page H865]]
Sec. 8028. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2011. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8030. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8032. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8033. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2012 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2012 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2012 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8034. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2012: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2012.
Sec. 8035. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8036. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8037. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8038. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided,
That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8039. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
[[Page H866]]
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8040. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds in accordance with the guidance provided
in the explanatory statement regarding this Act.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $86,300,000;
``Other Procurement, Army, 2009/2011'', $147,600,000;
``Aircraft Procurement, Navy, 2009/2011'', $26,100,000;
``Aircraft Procurement, Air Force, 2009/2011'',
$116,900,000;
``Aircraft Procurement, Army, 2010/2012'', $14,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $36,000,000;
``Missile Procurement, Army, 2010/2012'', $9,171,000;
``Aircraft Procurement, Navy, 2010/2012'', $184,847,000;
``Procurement of Ammunition, Navy and Marine Corps, 2010/
2012'', $11,576,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2010/2014'': DDG-51 Destroyer, $22,000,000;
``Other Procurement, Navy, 2010/2012'', $9,042,000;
``Aircraft Procurement, Air Force, 2010/2012'',
$151,300,000;
``Other Procurement, Air Force, 2010/2012'', $36,600,000;
``Research, Development, Test and Evaluation, Army, 2010/
2011'', $53,500,000;
``Research, Development, Test and Evaluation, Air Force,
2010/2011'', $198,600,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2010/2011'', $10,000,000.
Sec. 8042. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That
nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8046. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8048. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8050. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following--
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8051. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8053. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and
[[Page H867]]
recorded against the expired account: Provided further, That
the total amount charged to a current appropriation under
this section may not exceed an amount equal to 1 percent of
the total appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions
are included for the consideration of United States coal as
an energy source.
Sec. 8056. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction
does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that it is in
the national security interest to do so.
Sec. 8057. None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government:
Provided, That the Department of Defense may conduct or
participate in studies, research, design and other activities
to define and develop a future export version of the F-22A
that protects classified and sensitive information,
technologies and U.S. warfighting capabilities.
Sec. 8058. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8059. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces or police of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8060. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be
used to develop, lease or procure the T-AKE class of ships
unless the main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8061. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8062. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
30 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8063. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8064. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8065. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8066. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8067. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case
basis.
Sec. 8068. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military
[[Page H868]]
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation
is located in more than one State, purchases may be made in
any State in which the installation is located: Provided
further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not
contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8069. Funds available to the Department of Defense
for the Global Positioning System during the current fiscal
year, and hereafter, may be used to fund civil requirements
associated with the satellite and ground control segments of
such system's modernization program.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $147,258,300
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8071. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2011.
Sec. 8072. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs
of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$415,115,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $205,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, $84,722,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development
under the SRBMD program, $58,966,000 shall be available for
an upper-tier component to the Israeli Missile Defense
Architecture, and $66,427,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite, of which $12,000,000
shall be for producing Arrow missile components in the United
States and Arrow missile components in Israel to meet
Israel's defense requirements, consistent with each nation's
laws, regulations and procedures: Provided further, That
funds made available under this provision for production of
missiles and missile components may be transferred to
appropriations available for the procurement of weapons and
equipment, to be merged with and to be available for the same
time period and the same purposes as the appropriation to
which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8074. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8075. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States
Code, for occupations listed in section 7403(a)(2) of title
38, United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and Dental
Hygienists:
(A) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8076. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2011 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2011.
Sec. 8077. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8078. The budget of the President for fiscal year
2012 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That
these documents shall include estimated costs for each
element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates
of the major weapons systems deployed in support of each
contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for
all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8079. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
(including transfer of funds)
Sec. 8080. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $65,200,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $20,000,000 to the United
Service Organizations; $24,000,000 to the Red Cross;
$1,200,000 to the Special Olympics; and $20,000,000 to the
Youth Mentoring Grants Program: Provided further, That funds
available in this section for the Youth Mentoring Grants
Program may be available for transfer to the Department of
Justice Youth Mentoring Grants Program.
Sec. 8081. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8082. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8083. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(including transfer of funds)
Sec. 8084. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided,
That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided
[[Page H869]]
further, That the Secretary may not transfer any funds until
30 days after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same
period of availability as when originally appropriated:
Provided further, That the transfer authority provided by
this section is in addition to any other transfer authority
contained elsewhere in this Act.
Sec. 8085. For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made
under the heading ``Shipbuilding and Conversion, Navy'' that
is not closed at the time reimbursement is made shall be
available to reimburse the Judgment Fund and shall be
considered for the same purposes as any subdivision under the
heading ``Shipbuilding and Conversion, Navy'' appropriations
in the current fiscal year or any prior fiscal year.
Sec. 8086. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Sky Warrior Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8087. Of the funds provided in this Act, $7,080,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training
and Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8088. Notwithstanding any other provision of law or
regulation, during the current fiscal year and hereafter, the
Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as
authorized for the Secretary of Veterans Affairs by section
7455 of title 38, United States Code.
Sec. 8089. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8090. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2012.
Sec. 8091. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8092. Notwithstanding any other provision of law, not
more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8093. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40, Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT Program; R-2, RDT Budget Item Justification; R-3,
RDT Project Cost Analysis; and R-4, RDT Program Schedule
Profile.
Sec. 8094. The Secretary of Defense shall create a major
force program category for space for each future-years
defense program of the Department of Defense submitted to
Congress under section 221 of title 10, United States Code,
during fiscal year 2011. The Secretary of Defense shall
designate an official in the Office of the Secretary of
Defense to provide overall supervision of the preparation and
justification of program recommendations and budget proposals
to be included in such major force program category.
Sec. 8095. (a) Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2011:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8096. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8097. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8098. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8099. The amounts appropriated in title II of this
Act are hereby reduced by $1,983,000,000 to reflect excess
cash balances in Department of Defense Working Capital Funds,
as follows: (1) From ``Operation and Maintenance, Army'',
$700,000,000; and (2) From ``Operation and Maintenance,
Defense-Wide'', $1,283,000,000.
(including transfer of funds)
Sec. 8100. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
(including transfer of funds)
Sec. 8101. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8102. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8103. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8104. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000 unless the
contractor agrees not to:
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment,
[[Page H870]]
that the employee or independent contractor agree to resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(e) By March 1, 2011, or within 60 days after enactment of
this Act, whichever is later, the Government Accountability
Office shall submit a report to the Congress evaluating the
effect that the requirements of this section have had on
national security, including recommendations, if any, for
changes to these requirements.
Sec. 8105. (a) Prohibition on Conversion of Functions
Performed by Federal Employees to Contractor Performance.--
None of the funds appropriated by this Act or otherwise
available to the Department of Defense may be used to begin
or announce the competition to award to a contractor or
convert to performance by a contractor any functions
performed by Federal employees pursuant to a study conducted
under Office of Management and Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not
apply to the award of a function to a contractor or the
conversion of a function to performance by a contractor
pursuant to a study conducted under Office of Management and
Budget (OMB) Circular A-76 once all reporting and
certifications required by section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84) have been satisfactorily completed.
Sec. 8106. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical
or mission essential business management information
technology system that is not registered with the Director of
National Intelligence. A system shall be considered to be
registered with that officer upon the furnishing notice of
the system, together with such information concerning the
system as the Director of the Business Transformation Office
may prescribe.
(2) During the current fiscal year no funds may be
obligated or expended for a financial management automated
information system, a mixed information system supporting
financial and non-financial systems, or a business system
improvement of more than $3,000,000, within the Intelligence
Community without the approval of the Business Transformation
Office, and the designated Intelligence Community functional
lead element.
(b) The Director of the Business Transformation Office
shall provide the congressional intelligence committees a
semi-annual report of approvals under paragraph (1) no later
than March 30 and September 30 of each year. The report shall
include the results of the Business Transformation Investment
Review Board's semi-annual activities, and each report shall
certify that the following steps have been taken for systems
approved under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.
(including transfer of funds)
Sec. 8107. Of the funds appropriated in this Act for the
Office of the Director of National Intelligence, $50,000,000,
may be transferred to appropriations available to the Central
Intelligence Agency, the National Security Agency, and the
National Geospatial Intelligence Agency, the Defense
Intelligence Agency and the National Reconnaissance Office
for the Business Transformation Transfer Funds, to be merged
with and to be available for the same time period and the
same purposes as the appropriation to which transferred:
Provided, That the transfer authority provided under this
provision is in addition to any other transfer authority
contained in this Act.
(including transfer of funds)
Sec. 8108. In addition to funds made available elsewhere
in this Act, there is hereby appropriated $538,875,000, to
remain available until transferred: Provided, That these
funds are appropriated to the ``Tanker Replacement Transfer
Fund'' (referred to as ``the Fund'' elsewhere in this
section): Provided further, That the Secretary of the Air
Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air
Force'', and ``Research, Development, Test and Evaluation,
Air Force'', only for the purposes of proceeding with a
tanker acquisition program: Provided further, That funds
transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of the Air
Force shall, not fewer than 15 days prior to making transfers
using funds provided in this section, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary
shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.
(including transfer of funds)
Sec. 8109. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $132,200,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8110. (a) Of the amounts made available in this Act
under the heading ``Operation and Maintenance, Navy'', not
less than $2,000,000, shall be made available for leveraging
the Army's Contractor Manpower Reporting Application,
modified as appropriate for Service-specific requirements,
for documenting the number of full-time contractor employees
(or its equivalent) pursuant to United States Code title 10,
section 2330a(c) and meeting the requirements of United
States Code title 10, section 2330a(e) and United States Code
title 10, section 235.
(b) Of the amounts made available in this Act under the
heading ``Operation and Maintenance, Air Force'', not less
than $2,000,000 shall be made available for leveraging the
Army's Contractor Manpower Reporting Application, modified as
appropriate for Service-specific requirements, for
documenting the number of full-time contractor employees (or
its equivalent) pursuant to United States Code title 10
section 2330a(c) and meeting the requirements of United
States Code title 10, section 2330a(e) and United States Code
title 10, section 235.
(c) The Secretaries of the Army, Navy, Air Force, and the
Directors of the Defense Agencies and Field Activities (in
coordination with the appropriate Principal Staff Assistant),
in coordination with the Under Secretary of Defense for
Personnel and Readiness, shall report to the congressional
defense committees within 60 days of enactment of this Act
their plan for documenting the number of full-time contractor
employees (or its equivalent), as required by United States
Code title 10, section 2330a.
(including transfer of funds)
Sec. 8111. In addition to amounts provided elsewhere in
this Act, there is appropriated
[[Page H871]]
$250,000,000, for an additional amount for ``Operation and
Maintenance, Defense-Wide'', to be available until expended:
Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic
Adjustment of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other
provision of law, to make grants, conclude cooperative
agreements, or supplement other Federal funds to construct,
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address
capacity or facility condition deficiencies at such schools:
Provided further, That in making such funds available, the
Office of Economic Adjustment or the Secretary of Education
shall give priority consideration to those military
installations with schools having the most serious capacity
or facility condition deficiencies as determined by the
Secretary of Defense.
Sec. 8112. In addition to amounts provided elsewhere in
this Act, there is appropriated $300,000,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended. Such funds may be
available for the Office of Economic Adjustment,
notwithstanding any other provision of law, for
transportation infrastructure improvements associated with
medical facilities related to recommendations of the Defense
Base Closure and Realignment Commission.
Sec. 8113. Section 310(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1871)
is amended by striking ``1 year'' both places it appears and
inserting ``2 years''.
Sec. 8114. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex: Provided, That
not later than 90 days after enactment of this Act, the
Director of National Intelligence shall certify that the
Office of the Director of National Intelligence selects
individuals for Senior Executive positions in a manner
consistent with statutes, regulations, and the requirements
of other Federal agencies in making such appointments and
will submit its policies and procedures related to the
appointment of personnel to Senior Executive positions to the
congressional intelligence oversight committees.
Sec. 8115. For all major defense acquisition programs for
which the Department of Defense plans to proceed to source
selection during the current fiscal year, the Secretary of
Defense shall perform an assessment of the winning bidder to
determine whether or not the proposed costs are realistic and
reasonable with respect to proposed development and
production costs. The Secretary of Defense shall provide a
report of these assessments, to specifically include whether
any cost assessments determined that such proposed costs were
unreasonable or unrealistic, to the congressional defense
committees not later than 60 days after enactment of this Act
and on a quarterly basis thereafter.
Sec. 8116. (a) The Deputy Under Secretary of Defense for
Installations and Environment, in collaboration with the
Secretary of Energy, shall conduct energy security pilot
projects at facilities of the Department of Defense.
(b) In addition to the amounts provided elsewhere in this
Act, $20,000,000, is appropriated to the Department of
Defense for ``Operation and Maintenance, Defense-Wide'' for
energy security pilot projects under subsection (a).
Sec. 8117. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to
pay a retired general or flag officer to serve as a senior
mentor advising the Department of Defense unless such retired
officer files a Standard Form 278 (or successor form
concerning public financial disclosure under part 2634 of
title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8118. Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, the Chief of
the Air Force Reserve, and the Director of the National Guard
Bureau, in collaboration with the Secretary of Agriculture
and the Secretary of the Interior, shall submit to the
Committees on Appropriations of the House and Senate, the
House Committee on Agriculture, the Senate Committee on
Agriculture, Nutrition and Forestry, the House Committee on
Natural Resources, and the Senate Committee on Energy and
Natural Resources a report of firefighting aviation assets.
The report required under this section shall include each of
the following:
(1) A description of the programming details necessary to
obtain an appropriate mix of fixed wing and rotor wing
firefighting assets needed to produce an effective aviation
resource base to support the wildland fire management program
into the future. Such programming details shall include the
acquisition and contracting needs of the mix of aviation
resources fleet, including the acquisition of up to 24 C-
130Js equipped with the Mobile Airborne Fire Fighting System
II (in this section referred to as ``MAFFS''), to be acquired
over several fiscal years starting in fiscal year 2012.
(2) The costs associated with acquisition and contracting
of the aviation assets described in paragraph (1).
(3) A description of the costs of the operation,
maintenance, and sustainment of a fixed and rotor wing
aviation fleet, including a C-130J/MAFFS II in an Air
National Guard tactical airlift unit construct of 4, 6, or 8
C-130Js per unit starting in fiscal year 2012, projected out
through fiscal year 2020. Such description shall include the
projected costs associated with each of the following through
fiscal year 2020:
(A) Crew ratio based on 4, 6, or 8 C-130J Air National
Guard unit construct and requirement for full-time equivalent
crews.
(B) Associated maintenance and other support personnel and
requirement for full-time equivalent positions.
(C) Yearly flying hour model and the cost for use of a
fixed and rotor wing aviation fleet, including C-130J in its
MAFFS capacity supporting the United States Forest Service.
(D) Yearly flying hour model and cost for use of a C-130J
in its capacity supporting Air National Guard tactical
airlift training.
(E) Any other costs required to conduct both the airlift
and firefighting missions, including the Air National Guard
unit construct for C-130Js.
(4) Proposed program management, utilization, and cost
share arrangements for the aircraft described in paragraph
(1) for primary support of the Forest Service and secondary
support, on an as available basis, for the Department of
Defense, together with any proposed statutory language needed
to authorize and effectuate the same.
(5) An integrated plan for the Forest Service and the
Department of the Interior wildland fire management programs
to operate the fire fighting air tanker assets referred to in
this section.
Sec. 8119. The explanatory statement regarding this Act,
printed in the House of Representatives section of the
Congressional Record on or about February 16, 2011, by the
Chairman of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of
funds and implementation of this Act as if it were a Report
of the Committee on Appropriations.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,468,033,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,308,719,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $732,920,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $2,060,442,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$268,031,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$48,912,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $45,437,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $27,002,000: Provided,
[[Page H872]]
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $853,022,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $16,860,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $59,212,782,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $8,970,724,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $4,008,022,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $12,989,643,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $9,276,990,000: Provided, That each amount in
this section is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010: Provided further, That of
the funds provided under this heading:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation New Dawn
and Operation Enduring Freedom; and
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations
for logistical, military, and other support, including access
provided to United States military operations in support of
Operation New Dawn and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That
such reimbursement payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the requirement to
provide notification shall not apply with respect to a
reimbursement for access based on an international agreement:
Provided further, That these funds may be used for the
purpose of providing specialized training and procuring
supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military
operations in Iraq and Afghanistan, and 15 days following
notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $206,784,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $93,559,000: Provided, That each amount in
this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $29,685,000: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $203,807,000: Provided, That each amount
in this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $497,849,000: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $417,983,000: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Afghanistan Infrastructure Fund
(including transfer of funds)
There is hereby established in the Treasury of the United
States the ``Afghanistan Infrastructure Fund''. For the
``Afghanistan Infrastructure Fund'', $400,000,000, to remain
available until September 30, 2012: Provided, That such sums
shall be available for infrastructure projects in
Afghanistan, notwithstanding any other provision of law,
which shall be undertaken by the Secretary of State, unless
the Secretary of State and the Secretary of Defense jointly
decide that a specific project will be undertaken by the
Department of Defense: Provided further, That the
infrastructure referred to in the preceding proviso is in
support of the counterinsurgency strategy, requiring funding
for facility and infrastructure projects, including, but not
limited to, water, power, and transportation projects and
related maintenance and sustainment costs: Provided further,
That the authority to undertake such infrastructure projects
is in addition to any other authority to provide assistance
to foreign nations: Provided further, That any projects
funded by this appropriation shall be jointly formulated and
concurred in by the Secretary of State and Secretary of
Defense: Provided further, That funds may be transferred to
the Department of State for purposes of undertaking projects,
which funds shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in
that Act: Provided further, That the transfer authority in
the preceding proviso is in addition to any other authority
available to the Department of Defense to transfer funds:
Provided further, That any unexpended funds transferred to
the Secretary of State under this authority shall be returned
to the Afghanistan Infrastructure Fund if the Secretary of
State, in coordination with the
[[Page H873]]
Secretary of Defense, determines that the project cannot be
implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan:
Provided further, That any funds returned to the Secretary of
Defense under the previous proviso shall be available for use
under this appropriation and shall be treated in the same
manner as funds not transferred to the Secretary of State:
Provided further, That contributions of funds for the
purposes provided herein to the Secretary of State in
accordance with section 635(d) of the Foreign Assistance Act
from any person, foreign government, or international
organization may be credited to this Fund, to remain
available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or
obligations from the Fund, notify the appropriate committees
of Congress in writing of the details of any such transfer:
Provided further, That the ``appropriate committees of
Congress'' are the Committees on Armed Services, Foreign
Relations and Appropriations of the Senate and the Committees
on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That each amount
in this paragraph is designated as being for contingency
operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Amendment No. 95 Offered by Mr. Jones
Mr. JONES. Mr. Chairman, I offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 127, line 23, after the dollar amount, insert
``(reduced by $400,000,000)''.
Page 359, line 6, after the dollar amount, insert
``(increased by $400,000,000)''.
The Acting CHAIR. The gentleman from North Carolina is recognized for
5 minutes.
Mr. JONES. Mr. Chairman, this amendment removes the new $400 million
Afghan Infrastructure Fund and it would be returned to the spending
reduction account.
I bring this amendment to the floor because of the frustration of the
American people. Here we are trying to find $400 million to put in an
infrastructure fund for Afghanistan, which is going to be borrowed
money from the Chinese to begin with. It's not even Uncle Sam's money.
And then in addition to that, we're propping up a corrupt, dishonest
government headed by President Karzai. At this time in America's
history when we are having these debates tonight that I've heard all
day long with the frustration of the Members of Congress from both
parties that here we cannot even balance the budget of this country and
we're trying to find this money to go to the infrastructure of
Afghanistan and we're going to say to the American people, we can't
help you with your infrastructure needs in your counties, in your
towns, in your cities, it makes absolutely no sense to me, and more
important than me is to the American people.
I would also like to mention that the Afghan Infrastructure Fund
would help create another ``bridge to nowhere.'' It's going to be money
that cannot even be accounted for the majority of the time, and I make
mention of that for this reason. The recent Special Inspector General
for Afghanistan Reconstruction report released on January 30, 2011,
cited significant fraud, waste and abuse with Afghanistan
reconstruction funds.
I do not know why in the world we cannot make the statement to the
American people that we're going to see that the $400 million going to
a dishonest, dysfunctional government overseas cannot be returned to
help reduce the debt and deficit of this country or even returned to
the cities and counties throughout the country of America.
With that, Mr. Chairman, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Eliminating the $400 million Afghanistan
Infrastructure Fund is ill-conceived and unwise. This fund provides
funding for high-priority, large-scale infrastructure programs in
support of the civil-military campaign in Afghanistan. These projects
are critical to convincing the Afghan population to reject the
insurgency and side with the Afghan Government. This in turn
significantly reduces the threat to our troops and quickens the
security transition process, which we all seek.
Not only is this funding a top priority of the Secretaries of State
and Defense, it is also a top priority of General David Petraeus. This
fund is so directly related to the safety and security of our troops
that it needs to be preserved, and thus I urge a ``no'' vote on the
amendment.
Mr. DICKS. Mr. Chairman, I move to strike the requisite number of
words.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. The amendment would eliminate all funding in the bill for
the Afghan Infrastructure Fund--a total of $400 million. Establishing
the fund at this level of funding was done at the request of the
Secretary of Defense and the Secretary of State in a joint letter to
the congressional defense committees in November 2010.
The funding was not added to the bill. It was derived by reducing the
amount available for the Commanders Emergency Response Program. DOD
requested that funding for this account be obtained in this manner. The
Departments of Defense and State view this fund as essential to
completing large scale infrastructure projects in Afghanistan, such as
electrical power generation. Such projects provide the means for
economic activity which will help to reduce risk for U.S. troops and
help improve security in Afghanistan.
I urge rejection of this amendment.
Mr. THORNBERRY. Mr. Chairman, I move to strike the requisite number
of words.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Chairman, the reason we have troops in
Afghanistan is to prevent Afghanistan from again becoming a sanctuary
from which terrorists will launch attacks against us. For us to one day
be able to withdraw our troops from Afghanistan, the Afghan people have
to be able to stand on their own two feet, and this fund is designed to
help them do that.
The people there have to be able to resist the Taliban, al Qaeda and
other groups that want to undermine their security and use Afghanistan
once again as a terrorist base. This program, as has been mentioned, is
a very high priority of our own military commander in Afghanistan,
General Petraeus. Part of the reason it's one of his priorities is, as
the gentleman from New Jersey said, this helps keep our own troops
safe. When we are able to work with the Afghan people and develop the
country, our troops in the country have a less danger opposing them. It
is less likely that they will suffer some of the problems from the
indigent population.
But the second reason General Petraeus believes this is very
important is that it's an integral part of his counterinsurgency
campaign plan. So to withdraw this money at this point makes his job
more difficult and increases the danger to our troops. I don't think
that makes sense at any level.
The other point I would make is this: As the gentleman from
Washington said, this was a request from the Secretary of State and
Secretary of Defense for a fund that both agencies would work on. One
of these days this government is going to have to get to interagency
funds so that you don't have the State Department working on one hand,
the Defense Department on another, other agencies doing their own
thing. We have to have a combined effort, and this fund is at least a
step in that direction. The interagency nature of it helps to prevent
waste, abuse and misuse of these funds because you do have the extra
oversight on its use. But I think the key point is--this is a question
of our national security to help the Afghans stand on their own two
feet, and I believe the amendment should be rejected.
I yield back the balance of my time.
Mr. HUNTER. Mr. Chairman, I move to strike the requisite number of
words.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. HUNTER. Thank you, Mr. Chairman.
First, I believe my friend from North Carolina does have the best
intentions at heart. I believe he is doing this for the right reason.
He wants to get out of
[[Page H874]]
Afghanistan and he believes that Afghanistan is a very corrupt country
with very corrupt leadership. The problem is, is that things in this
world aren't perfect. I served for 6 months in the Marine Corps in
Afghanistan in 2007. I didn't do anything of significance, but when I
was there I saw what really turned the people of Afghanistan towards
America, what made them turn around, what made them change their mind.
It wasn't us killing people who cause us to stay up at night and worry
about them. That's what we're worried about. What the Afghans are
worried about is, will they have electricity? Can they drive on the
roads? Can they put fruit in their Mack truck and drive it 20 miles and
sell it at the next town? Do their lights work? Is their trash getting
picked up? Is their sewer getting cleaned out? General Petraeus
understands this is counterinsurgency. That's what counterinsurgency
means.
{time} 2050
I want to get out of Afghanistan, too. It is an expensive war in
blood and treasure, but it is a war that was not started by us. It was
started by two airplanes flying into two towers. And 9/11 has cost us
more than Afghanistan ever will in what it has done to this Nation,
making us second guess who our friends are, sending us to Afghanistan.
I would ask my friend from North Carolina this, and I am going to
yield the balance of my time to my friend from North Carolina: If we
are not the ones helping out the Afghan people, I will tell you who it
is going to be--the Taliban. The Taliban are the bankers of
Afghanistan. They have drug money and they use it to loan to the locals
in Afghanistan. So if we don't help them out, if we don't become their
friends, if we don't befriend the people, the counterinsurgency doesn't
work.
I think that my friend, if he knew that we would leave quicker, we
would leave Afghanistan in victory quicker by keeping this money there,
I think he would withdraw his amendment.
Mr. Chairman, I yield to the gentleman from North Carolina (Mr.
Jones).
Mr. JONES. I thank the gentleman for yielding.
I would say if I thought Karzai was an honest man that would
appreciate the American taxpayers' money, I would feel differently,
quite frankly. But I realize it is a corrupt government. I wish that
what you say was so. And I trust you. I have great respect for you as
well, but we are dealing with a dishonest, dysfunctional government.
When Karzai was quoted in The Washington Post in December saying, ``I
have three enemies, one being America, one being the Taliban, one being
the international community, and if I had to choose one of these as a
friend, I would choose the Taliban,'' this is why I wanted to speak
tonight, to bring this forward and let the Members vote this up or
down. That is fine with me.
The point is this is money we could be using right here in this
country. If I thought Karzai was an honest broker, I would probably not
even offer the amendment.
Mr. HUNTER. Reclaiming my time, this is an interagency fund, DOD,
State Department, USAID, different American agencies. They are going to
be the ones distributing this money. I doubt Karzai ever sees this
money, as it would go straight to contractors, either Afghan or from
here, from the U.S., or other countries.
I yield to the gentleman.
Mr. JONES. My answer to that would be that I would hope that this
would prove to be true. But the problem is we always know that when you
have got a dysfunctional government, you have got a dishonest man, it
might be intended to go this way, but too many times it does not.
I would honestly say to you that I offer this amendment on behalf of
the American people, because they can't fix their streets, they can't
fix their roads. And, by God, it is only $400 million, but to a lot of
people in my district, that is a lot of money going to a dishonest
leader of a country in Afghanistan.
Mr. HUNTER. Reclaiming my time, Mr. Chairman, $400 million is a lot
of money, and Americans do need that money. But I would answer that
with this: The men and women that have given their lives over in
Afghanistan, the men and women, as you well know, representing Camp
Lejeune and all of those marines, the men and women that have given
their time and their blood for this country I think deserve to be
backed up by us by saying we are going to give the money to your boss,
General Petraeus, so we can win the war and leave victoriously, and I
think that is what I think this $400 million does.
With that, I oppose the gentleman's amendment.
Mr. CONYERS. Mr. Chair, I rise in strong support of the amendment
offered by my friend, Mr. Jones of North Carolina. This amendment would
cut $400 million in funding for the Afghanistan Infrastructure Fund. I
support this cut not because I am opposed to providing humanitarian aid
to other countries. To the contrary, I am very supportive of helping
improve living conditions and human rights in countries around the
world by investing in infrastructure. However, I have strong concerns
about this important work being directed by our armed forces because it
raises the specter of the ``militarization'' of our foreign aid, which
can often place troops, aid workers, and the civilian population at
risk.
In a January 2010 report, eight international agencies expressed
their concern that the militarization of aid in Afghanistan is putting
ordinary Afghans at risk when they build schools and clinics, which
then become targets of insurgents.
Additionally, many agencies say that these ``quick impact'' projects
do not contribute to sustainable development, but instead are used as a
good will building exercise by military forces engaged in a failing
counterinsurgency strategy.
Under the current system, distribution of aid is heavily biased in
favor of areas where the troop presence is strongest rather than
distributed according to need. The needs of people in more secure areas
and vulnerable populations, particularly Afghans displaced by the
conflict and other factors as well as returnees, are being overlooked.
We need to rethink our country's militarized approach to aid and shift
our focus towards a long-term aid strategy based on meeting the real
needs of Afghans.
As a first step in this process, I encourage my colleagues to support
this amendment.
Mr. HUNTER. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Jones).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. JONES. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from North
Carolina will be postponed.
The Clerk will read.
The Clerk read as follows:
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$11,619,283,000, to remain available until September 30,
2012: Provided, That such funds shall be available to the
Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Commander, Combined
Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the
Secretary of State, to the security forces of Afghanistan,
including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That up to $15,000,000 of
these funds may be available for coalition police trainer
life support costs: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization may be
credited to this Fund and used for such purposes: Provided
further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the
sources and amounts of the funds received and the specific
use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall notify the congressional defense committees of
any proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13
[[Page H875]]
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Iraq Security Forces Fund
For the ``Iraq Security Forces Fund'', $1,500,000,000, to
remain available until September 30, 2012: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, United States Forces-Iraq, or the
Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Iraq, including the provision of equipment, supplies,
services, training, facility and infrastructure repair, and
renovation: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes
provided herein from any person, foreign government, or
international organization may be credited to this Fund and
used for such purposes: Provided further, That the Secretary
shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense
committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000:
Provided further, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Amendment No. 237 Offered by Mr. Holt
Mr. HOLT. Mr. Chairman, I offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 131, line 24, after the dollar amount, insert
``(reduced by $1,500,000,000)''.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. HOLT. Mr. Chairman, I offer an amendment to eliminate the $1.5
billion in funding for the Iraqi Security Forces Fund.
If we are going to be cutting Pell Grants and energy research and
heating assistance for families here in the United States, we certainly
should take a hard look at Pentagon spending as well. Would taxpayers
want their dollars to go to pay for Iraqi police on the streets of
Baghdad when we are cutting funding for police in Trenton, New Jersey,
and other cities and towns across our Nation? I want my colleagues to
understand what the authors of H.R. 1 are proposing here today. It is
about choices.
My colleagues, I am sure, could present a good justification for
funding Iraq Security Forces. I certainly want to see the people of
Iraq living in peace and freedom, free from harm, either domestic or
foreign harm. However, the Government of Iraq has ample revenue from
oil sales to pay for Iraq security. In contrast, our country faces not
only a budget deficit, but critical unmet domestic needs, and this
legislation before us today makes many, many unwise cuts.
H.R. 1 calls for spending $1.5 billion in taxpayer money to pay for
foreign police officers in Iraq while simultaneously cutting $300
million for the highly successful COPS program here at home. The COPS
program is vital. Our local police departments count on it to help them
hire additional officers to combat crime in our communities and to
provide true community policing. The contrast couldn't be more stark
and absurd; have American taxpayers foot the bill for police in Baghdad
but not for police in America.
H.R. 1 showcases the misguided priorities of the new majority. What
are they thinking?
Mr. Chairman, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to my colleague
from New Jersey's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. The Iraqi Security Forces Fund is required to
enable the Iraqi Security Forces to reach minimum essential
capabilities. These capabilities will allow those forces to maintain
internal security with police forces in the lead and defense forces in
support while building foundational capabilities for the Iraqi military
forces to provide external defense prior to U.S. forces' departure on
31 December 2011.
This is our Nation's commitment, our President's commitment, our
Commander-in-Chief's commitment. It is a bipartisan commitment. It is
more than just this majority's commitment to see the departure of our
U.S. forces in that time frame.
This Iraqi Security Forces Fund funds the following five categories:
Equipment purchases and transportation of equipment, weapons,
ammunition, vehicles, communications gear and spare parts;
Infrastructure projects such as construction and improvements of
police stations, military bases, training centers, maintenance
facilities, and border enforcement facilities, among other
infrastructure;
Training and operations projects and programs such as training school
and maintenance facilities, vehicles for training centers, and training
of security forces;
Sustainment of security forces through maintenance programs, human
resources, information management systems, support service, and medical
services;
Other activities such as detainee operations, disarmament,
demobilization, and reintegration.
These are essential to speed our departure from Afghanistan. So, Mr.
Chairman, I urge my colleagues to vote ``no'' on Mr. Holt's amendment.
I yield back the balance of my time.
{time} 2100
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Holt).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. HOLT. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
will be postponed.
The Clerk will read.
The Clerk read as follows:
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $2,720,138,000, to remain available until September
30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$343,828,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $896,996,000, to remain
available until September 30, 2013: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $369,885,000, to remain available until September 30,
2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,423,832,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $1,269,549,000, to remain
[[Page H876]]
available until September 30, 2013: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$90,502,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $558,024,000, to remain available
until September 30, 2013: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$316,835,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,589,119,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $1,991,955,000, to remain available until September
30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $56,621,000, to remain available until September 30,
2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $292,959,000, to remain available until
September 30, 2013: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $2,868,593,000, to remain available until September
30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$1,262,499,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $850,000,000, to
remain available for obligation until September 30, 2013, of
which $250,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of National Guard
and Reserve components shall, not later than 30 days after
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$3,415,000,000, to remain available until September 30, 2012:
Provided, That such funds shall be available to the
Secretary of Defense, notwithstanding any other provision of
law, to procure, sustain, transport, and field Mine Resistant
Ambush Protected vehicles: Provided further, That the
Secretary shall transfer such funds only to appropriations
made available in this or any other Act for operation and
maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish
the purpose provided herein: Provided further, That such
transferred funds shall be merged with and be available for
the same purposes and the same time period as the
appropriation to which transferred: Provided further, That
this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary shall, not fewer than 10 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $143,234,000, to remain available
until September 30, 2012: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $104,781,000, to remain available
until September 30, 2012: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $484,382,000, to remain
available until September 30, 2012: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $222,616,000, to remain
available until September 30, 2012: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $485,384,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,422,092,000, of which
[[Page H877]]
$1,398,092,000 shall be for operation and maintenance, to
remain available until September 30, 2011, and of which
$24,000,000 shall be for research, development, test and
evaluation, to remain available until September 30, 2012:
Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $440,510,000, to remain
available until September 30, 2012: Provided, That each
amount in this paragraph is designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,793,768,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the
Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Director of the Joint
Improvised Explosive Device Defeat Organization to
investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive
devices: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That each amount in this paragraph is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,529,000: Provided, That each amount in this
paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2011.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $4,000,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2011.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or the ``Afghanistan
Security Forces Fund'' provided in this Act and executed in
direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in Iraq and
Afghanistan: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle and (b) heavy and light armored vehicles
for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $500,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Iraq and Afghanistan to respond to urgent,
small scale, humanitarian relief and reconstruction
requirements within their areas of responsibility: Provided,
That projects (including any ancillary or related elements in
connection with such project) executed under this authority
shall not exceed $20,000,000: Provided further, That not
later than 45 days after the end of each fiscal year quarter,
the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30
days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's
Emergency Response Program in Iraq and Afghanistan: Provided
further, That not less than 15 days before making funds
available pursuant to the authority provided in this section
or under any other provision of law for the purposes
described herein for a project with a total anticipated cost
for completion of $5,000,000 or more, the Secretary shall
submit to the congressional defense committees a written
notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Iraq and Afghanistan: Provided,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support
provided under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. (a) The Secretary of Defense shall submit to the
congressional defense committees not later than 45 days after
the end of each fiscal quarter a report on the proposed use
of all funds appropriated by this or any prior Act under each
of the headings Iraq Security Forces Fund, Afghanistan
Security Forces Fund, Afghanistan Infrastructure Fund, and
Pakistan Counterinsurgency Fund on a project-by-project
basis, for which the obligation of funds is anticipated
during the 3-month period from such date, including estimates
for the accounts referred to in this section of the costs
required to complete each such project.
(b) The report required by this subsection shall include
the following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates for the accounts referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in subsection (a) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from
[[Page H878]]
other headings in prior appropriations Acts, including
estimates for the accounts referred to in subsection (a) of
the costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by
the Secretary of Defense that such action is necessary to
meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
(including transfer of funds)
Sec. 9011. Of the funds appropriated by this Act for the
Office of the Director of National Intelligence, $3,375,000
is available, as specified in the classified annex, for
transfer to other departments and agencies of the Federal
Government.
Sec. 9012. (a) The Task Force for Business and Stability
Operations in Afghanistan may, subject to the direction and
control of the Secretary of Defense and with the concurrence
of the Secretary of State, carry out projects in fiscal year
2011 to assist the commander of the United States Central
Command in developing a link between United States military
operations in Afghanistan under Operation Enduring Freedom
and the economic elements of United States national power in
order to reduce violence, enhance stability, and restore
economic normalcy in Afghanistan through strategic business
and economic opportunities.
(b) The projects carried out under paragraph (a) may
include projects that facilitate private investment,
industrial development, banking and financial system
development, agricultural diversification and revitalization,
and energy development in and with respect to Afghanistan.
(c) The Secretary may use up to $150,000,000 of the funds
available for overseas contingency operations in ``Operation
and Maintenance, Army'' for additional activities to carry
out projects under paragraph (a).
Mr. FRELINGHUYSEN (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 154, line 14 be
considered as read, printed in the Record, and open to amendment at any
point.
The Acting CHAIR. Is there objection to the request of the gentleman
from New Jersey?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 9013. (a) Not more than 85 percent of the funds
provided in this title for Operation and Maintenance may be
available for obligation or expenditure until the date on
which the Secretary of Defense submits the report under
subsection (b).
(b) Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on
contractor employees in the United States Central Command,
including--
(1) the number of employees of a contractor awarded a
contract by the Department of Defense (including
subcontractor employees) who are employed at the time of the
report in the area of operations of the United States Central
Command, including a list of the number of such employees in
each of Iraq, Afghanistan, and all other areas of operations
of the United States Central Command; and
(2) for each fiscal year quarter beginning on the date of
the report and ending on September 30, 2012--
(A) the number of such employees planned by the Secretary
to be employed during each such period in each of Iraq,
Afghanistan, and all other areas of operations of the United
States Central Command; and
(B) an explanation of how the number of such employees
listed under subparagraph (A) relates to the planned number
of military personnel in such locations.
This division may be cited as the ``Department of Defense
Appropriations Act, 2011''.
Amendment No. 45 Offered by Ms. Baldwin
Ms. BALDWIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division A, insert the following:
Sec. __. Each amount made available by this division (other
than an amount required to be made available by a provision
of law) is hereby reduced by a pro rata amount so that the
total reduction resulting from the application of this
section is $1,000,000,000.
Page 287, line 12, after the dollar amount, insert
``(increased by $1,000,000,000)''.
Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the
gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
The gentlewoman from Wisconsin is recognized for 5 minutes.
Ms. BALDWIN. Mr. Chairman, I rise today in support of my amendment
and in opposition to H.R. 1, the Republican bill to slash services to
the American people--a measure that I believe threatens jobs and our
fragile economic recovery.
I agree with my Republican colleagues that we must reduce the deficit
and bring our budget into balance, but we must be smart about it. This
bill harms the people who tend to our health, those who educate our
children, and those who patrol our neighborhoods and protect our
safety. This bill frustrates our economic recovery by making job
training and career training unattainable for many Americans.
Meanwhile, it does little to restrain excessive military spending or
eliminate government handouts to Big Oil or eliminate tax breaks for
multimillionaires.
Today, we spend millions of dollars each day in Afghanistan and Iraq,
spending that is protected in the bill that is before us. At the same
time, this Republican bill to slash services cuts Community Health
Centers to the core. For those of you who are unfamiliar with the work
of Community Health Centers, they provide essential health services to
children and families who lack insurance and have extremely limited
incomes. Community Health Centers provide a big bang for the buck. They
tend to the health care needs of more than 17 million uninsured or
underinsured men, women, and children in America each year.
The cut in the Republican bill before us is so deep that it will
result in the elimination of services to more than half of the current
capacity of Community Health Centers today to serve our neighbors. An
estimated 127 new health centers in underserved areas will close across
the United States. In some communities, patients with diabetes, heart
disease, HIV and AIDS, pregnant women, and sick children will have
nowhere to turn except perhaps emergency rooms ill-suited to their
needs.
Thousands of health care workers in rural and urban underserved
communities will lose their jobs. I've already heard from the Director
of Community Health Centers in both Beloit and Janesville, Wisconsin.
He let me know about the serious impact this slash of funding will have
on thousands in just one Wisconsin county.
Mr. Chairman, my amendment restores Community Health Center funding,
but I pay for it with a commensurate cut in wasteful defense spending.
I said at the outset we need to be smart if we are to cut spending
without compromising our jobs, our economic recovery, and our future.
I agree with our President when he said, if we are to ``win the
future,'' we must out-educate, out-innovate, and out-build the rest of
the world. But we can't do that by cutting Pell Grants for students and
slashing the research budgets of the National Institutes of Health, the
National Science Foundation, and the Department of Energy.
This unwise bill jeopardizes our Nation's recovery and future. And
it's particularly troublesome to me this week because it falls on top
of efforts by Wisconsin's Governor to cut health, education, and public
safety services and to diminish the rights of the public servants who
provide them.
Mr. Chairman, I stand here today in solidarity with my fellow
Wisconsinites as I fight for a better future for all Wisconsinites and
all Americans. I urge an ``aye'' vote on my amendment and a ``no'' vote
on H.R. 1.
Mr. DICKS. Will the gentlewoman yield?
Ms. BALDWIN. I yield to the gentleman from Washington.
Mr. DICKS. I just want to say that I share your enthusiasm for
Community Health Centers. I've seen them all across my district. They
are wonderful. We're going to have to keep fighting for them.
Ms. BALDWIN. I thank the gentleman.
I yield back the balance of my time.
Point of Order
The Acting CHAIR. The gentleman from New Jersey will state his point
of order.
Mr. FRELINGHUYSEN. Mr. Chairman, the amendment is proposed to amend
portions of the bill not yet read.
[[Page H879]]
The amendment may not be considered en bloc under clause 2(f) of rule
XXI because the amendment proposes to transfer between subcommittees.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any Member wish to be heard on the point of
order?
Ms. BALDWIN. Mr. Chairman, I do rise to be heard on the point of
order.
Mr. Chairman, here are the rules of the House for the 112th Congress.
Accompanying it, we also have something called H. Res. 92. Oftentimes
when we get to the floor, we talk in inside-the-Beltway language that's
really hard, I think, for the American public to follow. But I just
want to make clear that H. Res. 92 is a document drafted by the
Republicans to govern debate on this bill, and this bill only. But our
House rules specifically allow an amendment such as the one that I have
presented to this body and was just debating a moment ago on the House
floor. And I think it's a wise rule because it really helps us pay as
we go.
The Acting CHAIR. The gentlewoman's remarks must be confined to the
point of order.
Ms. BALDWIN. The underlying House rules specifically permit an
amendment such as the one I've offered and earlier debated in front of
this body because it allows us to cut spending in one area in order to
restore services or programs of greater priority in another. In other
words, it aids us in our job to pay as we go.
The Acting CHAIR. The gentlewoman's remarks must be confined to the
point of order.
Ms. BALDWIN. Under the rules of this House, my amendment would be
fine. In the House Resolution 92, to which the gentleman referred,
which governs simply the debate that we're engaged in this evening, it
waives the rule of the House. It waives the rule of the House, the
people's House. So I just want to make it clear--I think I know how the
Chairman will end up ruling--but that this is the Republicans' will
that I cannot advance this amendment and not because of the underlying
rules of this House.
The Acting CHAIR. Does any other Member wish to be heard?
To be considered en bloc pursuant to clause 2(f) of rule XXI, an
amendment must propose only to transfer appropriations among objects in
the bill. Because the amendment offered by the gentlewoman from
Wisconsin proposes also another kind of change in the bill; namely, to
reach back in the reading, it may not avail itself of clause 2(f) to
address portions of the bill not yet read.
The point of order is sustained.
The Clerk will read.
The Clerk read as follows:
DIVISION B--FULL-YEAR CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2011
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2011, and for other purposes, namely:
TITLE I--GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the
level specified in subsection (c) and under the authority and
conditions provided in applicable appropriations Acts for
fiscal year 2010, for projects or activities (including the
costs of direct loans and loan guarantees) that are not
otherwise specifically provided for, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80).
(2) The Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85).
(3) The Department of Homeland Security Appropriations Act,
2010 (Public Law 111-83).
(4) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2010 (division A of
Public Law 111-88).
(5) The Legislative Branch Appropriations Act, 2010
(division A of Public Law 111-68).
(6) The Consolidated Appropriations Act, 2010 (Public Law
111-117).
(7) Section 102(c) (except the last proviso relating to
waiver of fees) of chapter 1 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) that addresses
guaranteed loans in the rural housing insurance fund.
(8) The appropriation under the heading ``Department of
Commerce--United States Patent and Trademark Office'' in the
United States Patent and Trademark Office Supplemental
Appropriations Act, 2010 (Public Law 111-224).
(b) For purposes of this division, the term ``level'' means
an amount.
(c) The level referred to in subsection (a) shall be the
amounts appropriated in the appropriations Acts referred to
in such subsection, including transfers and obligation
limitations, except that--
(1) such level shall not include any amount previously
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010; and
(2) such level shall be calculated without regard to any
rescission or cancellation of funds or contract authority.
Sec. 1102. Appropriations made by section 1101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 1103. Appropriations provided by this division that,
in the applicable appropriations Act for fiscal year 2010,
carried a multiple-year or no-year period of availability
shall retain a comparable period of availability.
Sec. 1104. Except as otherwise expressly provided in this
division, the requirements, authorities, conditions,
limitations, and other provisions of the appropriations Acts
referred to in section 1101(a) shall continue in effect
through the date specified in section 1106.
Sec. 1105. No appropriation or funds made available or
authority granted pursuant to section 1101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were specifically
prohibited during fiscal year 2010.
Sec. 1106. Unless otherwise provided for in this division
or in the applicable appropriations Act, appropriations and
funds made available and authority granted pursuant to this
division shall be available through September 30, 2011.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Act, 2011 (Public Law 111-242), shall be
charged to the applicable appropriation, fund, or
authorization provided by this division.
Sec. 1108. Funds appropriated by this division may be
obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 1109. (a) For entitlements and other mandatory
payments whose budget authority was provided in
appropriations Acts for fiscal year 2010, and for activities
under the Food and Nutrition Act of 2008, the levels
established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the
authority and conditions provided in the applicable
appropriations Acts for fiscal year 2010.
(b) In addition to the amounts otherwise provided by
section 1101, the following amounts shall be available for
the following accounts for advance payments for the first
quarter of fiscal year 2012:
(1) ``Department of Labor, Employment Standards
Administration, Special Benefits for Disabled Coal Miners'',
for benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977, $41,000,000, to remain
available until expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for
Medicaid'', for payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act, $86,445,289,000, to remain available until
expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Child Support Enforcement and Family Support Programs'',
for payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$1,200,000,000, to remain available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Foster Care and Permanency'', for payments to States or
other non-Federal entities under title IV-E of the Social
Security Act, $1,850,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $13,400,000,000, to remain available
until expended.
Sec. 1110. Amounts incorporated by reference in this
division that were previously designated as available for
overseas deployments and other activities pursuant to S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010, are designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress).
Sec. 1111. Any language specifying an earmark in an
appropriations Act for fiscal year 2010, or in a committee
report or joint explanatory statement accompanying such an
Act, shall have no legal effect with respect to funds
appropriated by this division. For purposes of this section,
the term ``earmark''
[[Page H880]]
means a congressional earmark or congressionally directed
spending item, as defined in clause 9(e) of rule XXI of the
Rules of the House of Representatives and paragraph 5(a) of
rule XLIV of the Standing Rules of the Senate.
Sec. 1112. Notwithstanding section 1101, none of the funds
appropriated or otherwise made available in this division or
any other Act (including division A of this Act) may be used
to transfer, release, or assist in the transfer or release to
or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 1113. (a)(1) Notwithstanding section 1101, except as
provided in paragraph (2), none of the funds appropriated or
otherwise made available in this division or any other Act
(including division A of this Act) may be used to transfer
any individual detained at Guantanamo to the custody or
effective control of the individual's country of origin, any
other foreign country, or any other foreign entity unless the
Secretary of Defense submits to Congress the certification
described in subsection (b) by not later than 30 days before
the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary of Defense to transfer any individual detained
at Guantanamo to effectuate an order affecting the
disposition of the individual that is issued by a court or
competent tribunal of the United States having lawful
jurisdiction. The Secretary of Defense shall notify Congress
promptly upon issuance of any such order.
(b) The certification described in this subsection is a
written certification made by the Secretary of Defense, with
the concurrence of the Secretary of State, that the
government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention
facility in which an individual is to be detained if the
individual is to be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States,
its citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates of the
individual; and
(B) could affect the security of the United States, its
citizens, or its allies.
(c)(1) Except as provided in paragraph (3), none of the
funds appropriated or otherwise made available in this
division or any other Act (including division A of this Act)
may be used to transfer any individual detained at Guantanamo
to the custody or effective control of the individual's
country of origin, any other foreign country, or any other
foreign entity if there is a confirmed case of any individual
who was detained at United States Naval Station, Guantanamo
Bay, Cuba, at any time after September 11, 2001, who was
transferred to the foreign country or entity and subsequently
engaged in any terrorist activity.
(2) The Secretary of Defense may waive the prohibition in
paragraph (1) if the Secretary determines that such a
transfer is in the national security interests of the United
States and includes, as part of the certification described
in subsection (b) relating to such transfer, the
determination of the Secretary under this paragraph.
(3) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at
Guantanamo to effectuate an order affecting the disposition
of the individual that is issued by a court or competent
tribunal of the United States having lawful jurisdiction. The
Secretary shall notify Congress promptly upon issuance of any
such order.
(d) For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means
any individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective control of the
Department of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 1114. (a) Notwithstanding section 1101, none of the
funds appropriated or otherwise made available by this
division or any other Act (including division A of this Act)
may be used to construct or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1115. None of the funds appropriated or otherwise
made available by this division or any other Act (including
division A of this Act) may be obligated by any covered
executive agency in contravention of the certification
requirement of section 6(b) of the Iran Sanctions Act of
1996, as included in the revisions to the Federal Acquisition
Regulation pursuant to such section.
Sec. 1116. Section 550(b) of Public Law 109-295, as
amended by section 550 of Public Law 111-83, shall be applied
by substituting the date specified in section 1106 of this
division for ``October 4, 2010''.
Sec. 1117. Section 1(b)(2) of the Passport Act of June 4,
1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting
the date specified in section 1106 of this division for
``September 30, 2010''.
Sec. 1118. (a) Section 1115(d) of Public Law 111-32 shall
be applied by substituting the date specified in section 1106
of this division for ``October 1, 2010''.
(b) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) shall be applied by substituting the date
specified in section 1106 of this division for ``October 1,
2010'' in paragraph (2).
(c) Section 61(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733(a)) shall be applied by
substituting the date specified in section 1106 of this
division for ``October 1, 2010'' in paragraph (2).
(d) Section 625(j)(1) of the Foreign Assistance Act of 1961
(22 U.S.C. 2385(j)(1)) shall be applied by substituting the
date specified in section 1106 of this division for ``October
1, 2010'' in subparagraph (B).
Sec. 1119. The authority provided by section 1334 of the
Foreign Affairs Reform and Restructuring Act of 1998 (22
U.S.C. 6553) shall remain in effect through the date
specified in section 1106 of this division.
Sec. 1120. The provisions of title II of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall
continue in effect, notwithstanding section 209 of such Act,
through the earlier of: (1) the date specified in section
1106 of this division; or (2) the date of the enactment into
law of an authorization Act relating to the McKinney-Vento
Homeless Assistance Act.
TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
Sec. 1201. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Secretary'' shall be
$5,061,000.
Sec. 1202. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Tribal Relations'' shall
be $0.
Sec. 1203. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, Office of
Chief Economist'' shall be $10,032,000.
Sec. 1204. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, National
Appeals Division'' shall be $14,711,000.
Sec. 1205. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, Office of
Budget and Program Analysis'' shall be $9,054,000.
Sec. 1206. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Advocacy and Outreach''
shall be $0.
Sec. 1207. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Chief Information
Officer'' shall be $17,000,000.
Sec. 1208. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Chief Financial
Officer'' shall be $5,954,000.
Sec. 1209. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Civil Rights'' shall be
$21,551,000.
Sec. 1210. Notwithstanding section 1101, the level for
``Agricultural Programs, Agriculture Buildings and Facilities
and Rental Payments'' shall be $259,751,000, of which
$178,470,000 shall be available for payments to the General
Services Administration for rent and of which $37,781,000
shall be for buildings operations and maintenance expenses.
Sec. 1211. Notwithstanding section 1101, the level for
``Agricultural Programs, Hazardous Materials Management''
shall be $0.
Sec. 1212. Notwithstanding section 1101, the level for
``Agricultural Programs, Departmental Administration'' shall
be $30,706,000.
Sec. 1213. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Assistant Secretary
for Congressional Relations'' shall be $3,877,000.
[[Page H881]]
Sec. 1214. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Communications'' shall be
$9,514,000.
Sec. 1215. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Inspector General''
shall be $80,000,000.
Sec. 1216. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the General Counsel''
shall be $39,620,000.
Sec. 1217. Notwithstanding section 1101, the level for
``Agricultural Programs, Economic Research Service'' shall be
$79,500,000.
Sec. 1218. Notwithstanding section 1101, the level for
``Agricultural Programs, National Agricultural Statistics
Service'' shall be $151,565,000: Provided, That the amounts
included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by
substituting ``$33,494,000'' for ``$37,908,000''.
{time} 2120
Mr. KINGSTON. Mr. Chairman, I ask unanimous consent that the
remainder of the bill through page 172, line 21 be considered as read,
printed in the Record, and open to amendment at any point.
The Acting CHAIR. Is there objection to the request of the gentleman
from Georgia?
There was no objection.
The text of that portion of the bill is as follows:
Sec. 1219. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service,
Salaries and Expenses'' shall be $1,065,406,000.
Sec. 1220. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service,
Buildings and Facilities'' shall be $0.
Sec. 1221. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and
Agriculture, Research and Education Activities'' shall be
$647,993,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division as follows: by substituting
``$221,763,000'' for ``$215,000,000''; by substituting
``$34,816,000'' for ``$29,000,000''; by substituting
``$51,000,000'' for ``$48,500,000''; by substituting
``$227,801,000'' for ``$216,482,000''; by substituting ``$0''
for ``$89,029,000''; by substituting ``$20,500,000'' for
``$18,250,000''; and by substituting ``$11,253,000'' for
``$45,122,000''.
Sec. 1222. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and
Agriculture, Extension Activities'' shall be $453,265,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division as follows: by substituting ``$267,673,000''
for ``$297,500,000'' and by substituting ``$8,565,000'' for
``$20,396,000''.
The CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 1223. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and
Agriculture, Integrated Activities'' shall be $24,874,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division as follows: by substituting ``$15,044,000'' for
``$45,148,000''; by substituting ``$10,948,000'' for
``$12,649,000''; by substituting ``$0'' for ``$14,596,000'';
by substituting ``$0'' for ``$4,388,000''; by substituting
``$0'' for ``$1,365,000''; by substituting ``$0'' for
``$3,054,000''; by substituting ``$0'' for ``$5,000,000''; by
substituting ``$0'' for ``$3,000,000''; by substituting
``$0'' for ``$732,000''; and by substituting ``$0'' for
``$1,312,000''.
Amendment No. 97 Offered by Mr. DeFazio
Mr. DeFAZIO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 172, line 25, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 173, line 8, after the first dollar amount, insert
``(increased by $5,000,000)''.
Page 173, line 14, after the dollar amount, insert
``(reduced by $5,000,000)''.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. At this point, Mr. Chair, I would like to bring to the
attention of the Congress that we're about to eliminate a program which
is incredibly cost effective, which truly supports a growing proportion
of profitable small family farms in America, which is to help with
research and transition to organic production.
In the most recent statistics, the organic sector of the agriculture
production in this country was nearly $27 billion. That's up from $4
billion in 1997. There are over 14,500 family farms engaged in organic
agriculture, and they have been experiencing dramatic increases. Now
you might say, well, why would we want to continue to research and help
them. Well, we're spending a tremendous amount of money in research and
subsidies on other crops which are obviously totally developed and do
not need assistance.
In this case, we're talking about many people who own struggling
family farms who want to convert. They're interested in moving to
organics because they know there is potential for higher profitability
with those products with dramatically increasing demand. In fact, the
USDA says that the average for small--these are truly small farms, not
what some people consider small farms--organic farms was $46,000 last
year and for all farms, small farms, was $26,000.
So there are many people who are engaged in truly small farming
activities who want to stay on the land, don't want to parcel it up,
don't want to sell to the developers. They want to continue to live
there, raise their kids there, but they're having trouble making ends
meet. And this is an opportunity for many folks, an opportunity both
for consumers who are demanding organically produced produce and for
producers, and I think it would be very shortsighted to zero out this
program at this point in time.
So I'm asking that we take a very small percentage of the APHIS
budget, well less than 1 percent, and at least on a temporary measure
restore the cuts to the transitional and organic research portion of
the budget in the hope that we can reach agreement on a sustainable way
to fund this program in the future and look at more equitable
distribution of funds, both for research and subsidies and other things
that go on in the Department of Agriculture.
The amount of money we're asking for here at $5 million is a tiny
fraction of 1 percent of the amount of money that we're spending on
subsidies for five crops in eight States to pay people not to grow
things. Now, I think to actually help people to grow things, to grow
healthy produce, to supply the American people, to be able to live on
their farms, support their families and pass on the farms to the next
generation, that this would be a very, very wise investment, and I wish
that this had not been chosen for a cut. I'm hopeful that my colleagues
will see the wisdom in restoring this cut and then looking in the next
farm bill or in the next appropriation to an equitable division of
these funds.
Mr. KINGSTON. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Georgia is recognized for 5
minutes.
Mr. KINGSTON. Mr. Chairman, I rise to oppose the amendment, although
I know the two authors of this amendment are very sincere about it, and
I think that they are underscoring something that we want to encourage
people to be organic farmers.
But if you consider that organic farming is a $25 to $27 billion
industry--in fact, my friend Mr. DeFazio just used the number $27
billion--it is a successful ongoing and growing industry already, and I
do not believe that we need to continue the transition subsidy program
to get more farmers in it. American farmers know where the profit is.
They follow the commodity. The commodity follows the profit. They get
into an area where it is going to be most profitable already.
But I'm also concerned that the Animal and Plant Health Inspection
Service has already been cut $38 million, and this is a service that
enforces animal welfare, pest, and diseases. It is very important to
all farmers. It is cut at this point 4.3 percent, and I hate to see an
additional $5 million taken out of it.
So while I have sympathy for what the gentlemen are trying to do--and
I know that they are great advocates for organic farmers--I oppose the
amendment at this time.
Mr. HOLT. Mr. Chairman, I move to strike the requisite number of
words.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. HOLT. Our colleagues may recall that Mr. DeFazio and I and others
offered essentially this amendment in fiscal year 2007 and it passed,
demonstrating the strong bipartisan support in this House for an
increase in funding in this program. The $5 million funding level,
however, although it was preserved until now, has been completely
eliminated by this continuing resolution. In other words, both sides of
this aisle have felt that this is worthwhile spending.
[[Page H882]]
Despite the worst economic downturn we've experienced since the
Depression, the market for organic consumer products grew more than 5
percent in the past year, well several times the growth of conventional
food sales, and growth in organic nonfood items was even more
pronounced, increasing more than 9 percent as compared to 1 percent in
conventional nonfood items.
Now, my friend who just spoke in opposition to the legislation, Mr.
Kingston, said, well, it's a booming industry, why do we need to do
this? Well, transition from nonorganic farming to organic farming is a
big step, especially for a small farm, and although there are more than
13,000 certified organic producers in the United States, that's not
enough. We still need to help farmers make the transition to organic
farming, and this program does more than help them make transition. It
helps build an understanding of best practice.
The organic transition program is a highly competitive grants
program. It's been extremely important to the organic farming
community. It funds research to assist the farmers in overcoming the
barriers to make the transition and, as I say, to understand organic
farming. Through grants awarded under this program, for example,
projects were funded at Ohio State to study the impact of organic
animal production on water quality or grafting to improve organic
vegetable production. The small farmers don't have the opportunity to
do this research as they are facing the big step of whether to make the
transition to organic farming.
{time} 2130
At the University of Minnesota, this competitive grants program
facilitated organic poultry production and helped achieve soybean aphid
suppression using a fall-seeded rye cover crop. In other words, the
organic industry really benefits from this.
We should be talking about job creation. The bill before us today, as
it appears, will cost hundreds of thousands of jobs--cost hundreds of
thousands of jobs. It will end hundreds of thousands of jobs. We should
focus our resources on industries that are growing and providing jobs.
This quite small restoration of funds, $5 million, would do a great
deal for the quality of life of farmers but also for jobs in America.
I urge my colleagues to support this amendment to restore $5 million
to the organic transitions program.
I yield back the balance of my time.
Mr. FARR. I move to strike the last word.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. FARR. Mr. Chair, I was going to speak on this, but let me tell
you why I changed my mind. First of all, I represent the largest number
of organic growers in the United States and the headquarters of
Earthbound Farm, which is the largest shipper of organic produce in the
United States. And what concerns me is that you totally wiped out the
program, zeroed it out.
It is organic transition grants. One, they are competitive because
they are grants. Two, it's about people transitioning from traditional
agriculture, which is agriculture that uses pesticides, herbicides, and
so on, into organic, where you have to lay your land fallow, which
means that you can't, for 3 years, use any of those fumigants on your
land. That is what this money goes to, to help you transition.
It is not major agriculture that needs these transition grants. It's
the really small farmer who finds, as was stated previously, an organic
niche that they want to sell to, and they need some assistance both in
research and how do you get certified. Because in order to be organic,
you have to go out there and have people test everything and be
certified as organic before you are allowed to use the ``organic''
label on your marketing.
So it's a small amount of money, but to zero it out I think is just
going too far. I support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. DeFazio).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. KINGSTON. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oregon will
be postponed.
The Clerk will read.
The Clerk read as follows:
Sec. 1224. Notwithstanding section 1101, the level for
``Agricultural Programs, Animal and Plant Health Inspection
Service, Salaries and Expenses'' shall be $829,953,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division by substituting ``$45,219,000'' for
``$60,243,000''.
Sec. 1225. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Marketing Service,
Marketing Services'' shall be $81,711,000.
Sec. 1226. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Marketing Service,
Limitation on Administrative Expenses'' shall be $60,947,000
(from fees collected).
Sec. 1227. The amounts included under the heading
``Agricultural Programs, Agricultural Marketing Service,
Funds for Strengthening Markets, Income, and Supply (Section
32)'' in Public Law 111-80 shall be applied to funds
appropriated by this division by substituting ``$0'' for
``$10,000,000''.
Sec. 1228. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and
Stockyards Administration, Salaries and Expenses'' shall be
$40,342,000.
Sec. 1229. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and
Stockyards Administration, Limitation on Inspection and
Weighing Services Expenses'', $45,041,000.
Sec. 1230. Notwithstanding section 1101, the level for
``Agricultural Programs, Food Safety and Inspection Service''
shall be $930,120,000.
Amendment No. 93 Offered by Mr. Connolly of Virginia
Mr. CONNOLLY of Virginia. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 174, line 17, after the dollar amount, insert
``(reduced by $200,000,000)''.
Page 347, strike lines 8 through 10.
Mr. KINGSTON. Mr. Chairman, I reserve a point of order on the
gentleman's amendment.
The Acting CHAIR. A point of order is reserved.
The gentleman from Virginia is recognized for 5 minutes.
Mr. CONNOLLY of Virginia. Mr. Chairman, I offer this amendment on
behalf of myself, Mr. Hoyer, Mr. Moran, Ms. Edwards, and Mr. Van
Hollen.
In his final term in Congress, my Republican predecessor Tom Davis
helped broker an agreement to boost Metro funding by the Federal,
State, and local governments. Under this agreement, the Federal
Government would invest $150 million annually, to be matched by
Virginia, Maryland, and the District of Columbia. This investment is
essential for our region, as it has provided WMATA with funding to
begin fixing the safety problems identified by the National
Transportation Safety Board, which will cost over $1 billion,
cumulatively. It also is essential for the Federal Government to
function efficiently, even as the Federal Government fails to pay its
fair share compared to local and State funding for Metro. Finally,
unlike any other transit system in America, our Metro system serves 12
million tourists annually who come to visit their Nation's Capital.
The Federal Government relies on a functional Metro system. Mr.
Chairman, over half of all Metro stations serve Federal offices, and 40
percent of the entire Federal workforce uses Metro to get to work every
day. As Congress, itself, noted when passing the National Capital
Region Transportation Act in 1960, ``An improved transportation system
of the National Capital Region is essential to the continued and
effective performance of the functions of the Government of the United
States.''
From September 11 to the blizzards of last year, we have learned
through hard experience that Metro is essential to move people both
through severe weather and emergencies in our region.
President Obama included the $150 million that my Republican
predecessor's authorization bill called for in his budget, but the
Republican leadership removed it in this continuing resolution.
Perhaps my newer colleagues have not yet had a chance to visit
northern
[[Page H883]]
Virginia, where the Metrorail extension to Dulles Airport is spurring
billions of dollars in private investment while providing thousands of
jobs for the construction workers building the rail line. If my
colleagues had visited this project, they might hesitate to eliminate
investments like this, which will be repaid many times over by
subsequent private investment.
In recognition of the importance of this Metro funding, I introduced
an amendment on behalf of my colleagues and myself to restore $150
million in Federal funding which would be matched by State governments.
To offset this expense and reduce the deficit, I have proposed
offsetting the expense by cutting direct payments to large
agribusiness.
As we debate this bill, there are people at work building rail to
Dulles; and if the Republican majority succeeds in passing
appropriations bills such as this, those transportation projects, jobs,
and real estate investments will be a thing of the past. One step we
can take to reduce the damage done by this CR is to restore this
critical Metro funding.
Mr. HOYER. Mr. Chair, I rise today to support the intent of the
Connolly Amendment which seeks to restore $150 million in dedicated
Federal funding to ``America's Subway''--the Washington Metro--which is
otherwise eliminated under the Republican Continuing Resolution.
The Washington Metropolitan Area Transit Authority (WMATA) operates
the country's second largest rail system. Every day, that system
carries more than a million people--from the Federal employees who keep
our government running, to the families from across the country who
come to visit their nation's capital. Clearly, the system warrants a
strong commitment from the Federal Government.
In 2009, we passed, and the President signed, legislation that
provides $1.5 billion in Federal dedicated funding to WMATA over the
next 10 years to help meet the capital and infrastructure needs of the
30-year old system. The first installment of this funding--which is
being matched by the District of Columbia, Virginia, and Maryland--was
appropriated in Fiscal 2010.
This investment is, first and foremost, being used to move forward
with the implementation of the recommendations of the National
Transportation Safety Board following the horrific Red Line crash which
tragically killed 9 people and injured many more. This includes the
purchase of the new series 7000 rail cars to replace the oldest cars in
the fleet. This funding will also enable Metro to rebuild its core
infrastructure, replacing miles of track, switches and fasteners,
maintenance work that will help to build a safer, more reliable system.
Eliminating this funding will cause the Federal Government to renege
on its statutory commitment to the Metro system, endangers the local
match, hampers the ability of Metro to make much needed safety and
capital improvements, and puts at risk countless tourists and commuters
who ride Metro every day. I urge my colleagues to restore this critical
investment in the Washington Metro System.
Mr. CONNOLLY of Virginia. Mr. Chairman, I yield back the balance of
my time.
Point of Order
Mr. KINGSTON. Mr. Chairman, I have a point of order.
The Acting CHAIR. The gentleman will state the point of order.
Mr. KINGSTON. Mr. Chairman, the amendment proposes to amend portions
of the bill not yet read. The amendment may not be considered en bloc
under clause 2(f) of rule XXI because the amendment proposes a transfer
of funds between the subcommittees.
Here's what's going on: You are mixing your operating and your
capital funds on this particular account, and this committee does not
have jurisdiction over those accounts. And I want to point out that the
subcommittee has worked very hard to balance all these very difficult
cuts. We're trying to work within our 302(b) allocations. We're in a
situation right now, for every dollar that we spend as a U.S.
Government, 40 cents is borrowed.
The Acting CHAIR. If the gentleman would confine his remarks to his
point of order first.
Mr. KINGSTON. I am speaking to the point of order, and I ask for a
ruling of the Chair.
{time} 2140
The Acting CHAIR. Does anyone wish to be heard on the point of order?
Mr. CONNOLLY of Virginia. Mr. Chairman, I deeply regret that my
colleague would invoke a point of order. As I said, the Metro funding,
in this case, talks about difficult decisions. This zeros out the
entire Federal amount of subsidy for capital construction and safety
improvements from a system that is over 30 years old, reaching
capacity, and serves, first and foremost, the Federal workforce.
The Acting CHAIR. Will the gentleman confine his remarks to the point
of order.
Mr. CONNOLLY of Virginia. Oh, I thought I was speaking to the point
of order and the points made by our colleagues.
The Acting CHAIR. Remarks need to be in reference to the point of
order, not the amendment.
Mr. CONNOLLY of Virginia. As I said, Mr. Chairman, I deeply regret
the fact that my colleague would cite a point of order on a bill of
such importance to the National Capital region.
The Acting CHAIR. Does anyone else wish to be heard?
To be considered en bloc, pursuant to clause 2(f) of rule XXI and
section 2 of House Resolution 92, an amendment must propose only to
transfer appropriations among objects in the bill and may not address
objects within more than one sub-allocation made by the Committee on
Appropriations under section 302(b) of the Congressional Budget Act of
1974.
Because the amendment offered by the gentleman from Virginia proposes
to transfer appropriations between objects falling within more than one
sub-allocation, it may not avail itself of clause 2(f) of rule XXI to
address portions of the bill not yet read.
The amendment is not in order.
The Clerk will resume reading the bill.
The Clerk read as follows:
Sec. 1231. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Salaries and
Expenses'' shall be $1,063,558,000.
Sec. 1232. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Grassroots
Source Water Protection Program'' shall be $4,630,000.
Sec. 1233. The amounts included under the heading
``Agricultural Programs, Farm Service Agency, Agricultural
Credit Insurance Fund Program Account'' in Public Law 111-80
shall be applied to funds appropriated by this division as
follows: by substituting ``$1,975,000,000'' for
``$2,150,000,000''; by substituting ``$475,000,000'' for
``$650,000,000''; by substituting ``$2,544,035,000'' for
``$2,670,000,000'', by substituting ``$900,000,000'' for
``$1,000,000,000''; by substituting ``$144,035,000'' for
``$170,000,000''; by substituting ``$0'' for ``$3,940,000'';
by substituting ``$110,602,000'' for ``$150,000,000''; by
substituting ``$0'' for ``$75,000,000'' the first and second
place it appears; by substituting ``$0'' for ``$10,000,000'';
by substituting ``$38,570,000'' for ``$32,070,000''; by
substituting ``$32,870,000'' for ``$26,520,000''; by
substituting ``$109,410,000'' for ``$106,402,000''; by
substituting ``$34,950,000'' for ``$35,100,000''; by
substituting ``$19,920,000'' for ``$23,902,000''; by
substituting ``$54,540,000'' for ``$47,400,000''; by
substituting ``$0'' for ``$1,065,000''; by substituting
``$0'' for ``$278,000''; by substituting ``$0'' for
``$793,000''; by substituting ``$318,508,000'' for
``$321,093,000'', and by substituting ``$305,588,000'' for
``$313,173,000''. Funds appropriated by this division to such
heading for farm ownership, operating and conservation direct
loans, and guaranteed loans may be transferred among these
programs: Provided, That the Secretary of Agriculture shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer.
Sec. 1234. Notwithstanding section 1101, the level for
``Agricultural Programs, Risk Management Agency'' shall be
$77,177,000.
Sec. 1235. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Conservation Operations'' shall be $836,000,000.
Sec. 1236. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Watershed and Flood Prevention Operations'' shall be
$0.
Sec. 1237. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Watershed Rehabilitation Program'' shall be
$20,000,000.
Sec. 1238. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation
Service, Resource Conservation and Development'' shall be $0.
Sec. 1239. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Development Salaries and
Expenses'' shall be $181,987,000.
Sec. 1240. The amounts included under the heading ``Rural
Development Programs, Rural Housing Service, Rural Housing
Insurance Fund Program Account'' in Public Law 111-80 for
gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act
of 1949 shall be applied to funds appropriated by this
division by substituting ``$34,004,000'' for ``$34,412,000''
and by substituting, ``$5,052,000'' for ``$5,045,000''.
[[Page H884]]
Sec. 1241. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for the cost of
direct and guaranteed loans, including the cost of modifying
loans, authorized by section 502 of the Housing Act of 1949
shall be $70,200,000: Provided, That the amounts included for
such costs under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by
substituting ``$70,200,000'' for ``$40,710,000'' in the case
of direct loans and by substituting ``$0'' for
``$172,800,000'' in the case of unsubsidized guaranteed
loans.
Sec. 1242. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for the cost of
housing repair loans authorized by section 504 of the Housing
Act of 1949 shall be $6,437,000.
Sec. 1243. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for the cost of
repair, rehabilitation, and new construction of rental
housing authorized by section 515 of the Housing Act of 1949
shall be $23,446,000.
Sec. 1244. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for the cost of
multi-family housing guaranteed loans authorized by section
538 of the Housing Act of 1949 shall be $12,513,000.
Sec. 1245. In addition to amounts otherwise appropriated
or made available by this division, there is appropriated to
the Secretary of Agriculture $288,000 for section 523 self-
help housing land development loans authorized by section 523
of the Housing Act of 1949 and $294,000 for site development
loans authorized by section 524 of such Act.
Sec. 1246. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for administrative
expenses necessary to carry out the direct and guaranteed
loan programs shall be $454,383,000.
Sec. 1247. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rental
Assistance Program'' shall be $955,635,000: Provided, That
the amounts included under such heading in Public Law 111-80
shall be applied to funds appropriated by this division by
substituting ``$0'' for ``$5,958,000''; by substituting
``$0'' for ``$50,000''; and by substituting ``$3,000,000''
for ``$3,400,000''.
Sec. 1248. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Multi-
Family Housing Revitalization Program Account'' shall be
$16,400,000: Provided, That only the first, second, and
fourth provisos under such heading in Public Law 111-80,
relating to rural housing vouchers to low-income households,
shall apply to funds appropriated by this division and the
third, fifth, and subsequent provisos under such heading
shall not apply to funds appropriated by this division.
Sec. 1249. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Mutual
and Self-Help Housing Grants'' shall be $37,000,000.
Sec. 1250. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Housing Assistance Grants'' shall be $40,400,000.
Sec. 1251. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Housing Service, Rural
Community Facilities Program Account'' shall be $32,450,000:
Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by
this division as follows: by substituting, ``$0'' for
``$6,256,000''; by substituting ``$0'' for ``$13,902,000'';
and by substituting, ``$0'' for ``$3,972,000''.
Sec. 1252. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Business Program Account'' shall be
$84,505,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division as follows: by substituting,
``$0'' for ``$500,000''; and by substituting, ``$0'' for
``$250,000''.
Sec. 1253. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Development Loan Fund Program Account'' for
the principal amount of direct loans as authorized by Rural
Development Loan Fund shall be $21,936,000.
Sec. 1254. Notwithstanding section 1101, in connection
with the ``Rural Development Programs, Rural Business-
Cooperative Service, Rural Economic Development Loans Program
Account'', of the funds derived from interest on the cushion
of credit payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $207,000,000 shall not be
obligated and $207,000,000 is rescinded.
Sec. 1255. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Cooperative Development Grants'' shall be
$30,254,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division as follows: by substituting
``$0'' for ``$300,000''; by substituting ``$0'' for
``$2,800,000''; and by substituting ``$18,867,000'' for
``$20,367,000''.
Sec. 1256. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Microenterprise Investment Program Account''
shall be $3,350,000.
Sec. 1257. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Business-Cooperative
Service, Rural Energy for America Program'' shall be
$25,010,000.
Sec. 1258. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Utilities Service, Rural
Water and Waste Disposal Program Account'' shall be
$405,564,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division as follows: by substituting,
``$60,000,000'' for ``$70,00,000''; by substituting
``$5,000,000'' for ``$6,000,000''; and by substituting,
``$0'' for ``$17,500,000''.
Sec. 1259. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Utilities Service, Rural
Electrification and Telecommunications Loans Program
Account'' for administrative expenses necessary to carry out
the direct and guaranteed loan programs shall be $38,374,000.
Sec. 1260. Notwithstanding section 1101, the level for
``Rural Development Programs, Rural Utilities Service,
Distance Learning, Telemedicine, and Broadband Program''
shall be $30,000,000: Provided, That the amounts included
under such heading in Public Law 111-80 shall be applied to
funds appropriated by this division as follows: by
substituting, ``$0'' for ``$4,500,000''; by substituting,
``$0'' for ``$28,960,000''; and by substituting,
``$13,406,000'' for ``$17,976,000''.
Sec. 1261. The amounts included under the heading
``Domestic Food Programs, Food and Nutrition Service, Child
Nutrition Programs'' in Public Law 111-80 shall be applied to
funds appropriated by this division by substituting ``$0''
for ``$1,000,000'' and by substituting ``$0'' for
``$5,000,000''.
Sec. 1262. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service, Special
Supplemental Nutrition Program for Women, Infants, and
Children (WIC)'' shall be $6,504,781,000.
Sec. 1263. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service,
Commodity Assistance Program'', shall be $241,979,000, of
which $151,409,000 shall be for the Commodity Supplemental
Food Program: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds
appropriated by this division by substituting ``$0'' for
``$6,000,000''.
Sec. 1264. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service,
Nutrition Programs Administration'' shall be $144,801,000.
Sec. 1265. Notwithstanding section 1101, the level for
``Foreign Assistance and Related Programs, Foreign
Agricultural Service, Salaries and Expenses'' shall be
$165,436,000.
Sec. 1266. Notwithstanding section 1101, the level for
``Foreign Assistance and Related Programs, Foreign
Agricultural Service, Food for Peace Title II Grants'' shall
be $1,003,000,000.
Sec. 1267. Notwithstanding section 1101, the level for
``Foreign Assistance and Related Programs, Foreign
Agricultural Service, McGovern-Dole International Food for
Education and Child Nutrition Program Grants'' shall be
$100,000,000.
Sec. 1268. Notwithstanding section 1101, the level for
``Related Agencies and Food and Drug Administration, Food and
Drug Administration, Salaries and Expenses'' shall be
$3,307,418,000: Provided, That of the amount provided under
this heading, $667,057,000 shall be derived from prescription
drug user fees authorized by section 736 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379h), shall be credited to
this account and remain available until expended, and shall
not include any fees pursuant to paragraphs (2) and (3) of
section 736(a) of such Act (21 U.S.C. 379h(a)(2) and (a)(3))
assessed for fiscal year 2012 but collected in fiscal year
2011; $61,860,000 shall be derived from medical device user
fees authorized by section 738 of such Act (21 U.S.C. 379j),
and shall be credited to this account and remain available
until expended; $19,448,000 shall be derived from animal drug
user fees authorized by section 740 of such Act (21 U.S.C.
379j-12), and shall be credited to this account and remain
available until expended; $5,397,000 shall be derived from
animal generic drug user fees authorized by section 741 of
such Act (21 U.S.C. 379j-21), and shall be credited to this
account and shall remain available until expended; and
$450,000,000 shall be derived from tobacco product user fees
authorized by section 919 of such Act (21 U.S.C. 387s) and
shall be credited to this account and remain available until
expended: Provided further, That in addition and
notwithstanding any other provision under this heading,
amounts collected for prescription drug user fees that exceed
the fiscal year 2011 limitation are appropriated and shall be
credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug,
medical device, animal drug, animal generic drug, and tobacco
product assessments for fiscal year 2011 received during
fiscal year 2011, including any such fees assessed prior to
fiscal year 2011 but credited for fiscal year 2011, shall be
subject to the fiscal year 2011 limitations: Provided
further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by
31 U.S.C. 9701: Provided further, That of the total amount
appropriated under this heading: (1) $727,220,000 shall be
for the Center for Food Safety and Applied Nutrition and
related field activities
[[Page H885]]
in the Office of Regulatory Affairs; (2) $895,460,000 shall
be for the Center for Drug Evaluation and Research and
related field activities in the Office of Regulatory Affairs;
(3) $296,937,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $145,103,000 shall be
for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5)
$318,768,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $35,052,000 shall be for
the National Center for Toxicological Research; (7)
$421,463,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $100,482,000 shall be for Rent and
Related activities, of which $22,683,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$182,661,000 shall be for payments to the General Services
Administration for rent; and (10) $184,272,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs; the Office of Foods; the Office of the Chief
Scientist; the Office of Policy, Planning and Budget; the
Office of International Programs; the Office of
Administration; and central services for these offices:
Provided further, That none of the funds made available under
this heading shall be used to transfer funds under section
770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd): Provided further, That not to exceed $25,000 of the
amount provided under this heading shall be for official
reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further,
That funds may be transferred from one specified activity to
another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 1269. Notwithstanding section 1101, the level for
``Related Agencies and Food and Drug Administration,
Independent Agencies, Commodity Futures Trading Commission''
shall be $112,000,000, to remain available until September
30, 2012: Provided, That the proviso under such heading in
Public Law 111-80 shall not apply to funds appropriated by
this division.
Sec. 1270. Notwithstanding any other provision of this
division, the following set-asides included in Public Law
111-80 for ``Congressionally Designated Projects'' in the
following accounts for the corresponding amounts shall not
apply to funds appropriated by this division:
(1) ``Agricultural Programs, Agricultural Research Service,
Salaries and Expenses'', $44,138,000.
(2) ``Agricultural Programs, National Institute of Food and
Agriculture, Research and Education Activities'',
$120,054,000.
(3) ``Agricultural Programs, National Institute of Food and
Agriculture, Extension Activities'', $11,831,000.
(4) ``Agricultural Programs, Animal and Plant Health
Inspection Service, Salaries and Expenses'', $24,410,000.
(5) ``Conservation Programs, Natural Resources Conservation
Service, Conservation Operations'', $37,382,000.
Sec. 1271. Notwithstanding any other provision of this
division, the following provisions included in Public Law
111-80 shall not apply to funds appropriated by this
division:
(1) The first proviso under the heading ``Agricultural
Programs, Agriculture Buildings and Facilities and Rental
Payments''.
(2) The second proviso under the heading ``Conservation
Programs, Natural Resources Conservation Service,
Conservation Operations''.
(3) The second proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural Water
and Waste Disposal Account''.
(4) The first proviso under the heading ``Domestic Food
Programs, Food and Nutrition Service, Commodity Assistance
Program''.
(5) The first proviso under the heading ``Foreign
Assistance and Related Programs, Foreign Agricultural
Service, McGovern-Dole International Food for Education and
Child Nutrition Program Grants''.
Sec. 1272. Sections 718, 723, 727, 728, 738, 739, and 741
of Public Law 111-80 shall be applied to funds appropriated
by this division by substituting $0 for the dollar amounts
included in those sections.
Sec. 1273. Sections 715, 716, 721(2), 721(3), 724, 725,
726, 729, 730, 734, 735, 743, 745, and 748 of Public Law 111-
80 shall not apply for fiscal year 2011.
Sec. 1274. Sections 737, 740, 747, and 749 of Public Law
111-80 authorized or required certain actions that have been
performed before the date of the enactment of this division
and need not reoccur.
Sec. 1275. Appropriations to the Department of Agriculture
made available in fiscal year 2005 to carry out section 601
of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for
the cost of direct loans shall remain available until
expended to disburse valid obligations made in fiscal years
2005 and 2006.
Sec. 1276. In the case of each program established or
amended by the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), other than by title I or subtitle A of
title III of such Act, or programs for which indefinite
amounts were provided in that Act that is authorized or
required to be carried out using funds of the Commodity
Credit Corporation: (1) such funds shall be available for
salaries and related administrative expenses, including
technical assistance, associated with the implementation of
the program, without regard to the limitation on the total
amount of allotments and fund transfers contained in section
11 of the Commodity Credit Corporation Charter Act (15 U.S.C.
714i); and (2) the use of such funds for such purpose shall
not be considered to be a fund transfer or allotment for
purposes of applying the limitation on the total amount of
allotments and fund transfers contained in such section.
Sec. 1277. With respect to any loan or loan guarantee
program administered by the Secretary of Agriculture that has
a negative credit subsidy score for fiscal year 2011, the
program level for the loan or loan guarantee program, for the
purposes of the Federal Credit Reform Act of 1990, shall be
the program level established pursuant to such Act for fiscal
year 2010.
Sec. 1278. Section 721(1) of Public Law 111-80 (123 Stat.
2122) is amended by striking ``$1,180,000,000'' and inserting
``$1,238,000,000''.
Sec. 1279. Section 742 of Public Law 111-80 (123 Stat.
2128) is amended by striking ``$11,000,000'' and inserting
``$15,000,000''.
Sec. 1280. The following provisions of Public Law 111-80
shall be applied to funds appropriated by this division by
substituting ``2010'', ``2011'', and ``2012'' for ``2009'',
``2010'', and ``2011'', respectively, in each instance that
such terms appear:
(1) The second paragraph under the heading ``Agricultural
Programs, Animal and Plant Health Inspection Service,
Salaries and Expenses''.
(2) The second proviso under the heading ``Agricultural
Programs, Food Safety and Inspection Service''.
(3) The first proviso in the second paragraph under the
heading ``Rural Development Programs, Rural Housing Service,
Rural Housing Insurance Fund Program Account''.
(4) The fifth proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rental Assistance Program''.
(5) The proviso under the heading ``Rural Development
Programs, Rural Housing Service, Mutual and Self-Help Housing
Grants''.
(6) The first proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rural Housing Assistance
Grants''.
(7) The seventh proviso under the heading ``Rural
Development Programs, Rural Housing Service, Rural Community
Facilities Program Account''.
(8) The third proviso under the heading ``Rural Development
Programs, Rural Business--Cooperative Service, Rural Business
Program Account''.
(9) The four availability of funds clauses under the
heading ``Rural Development Programs, Rural Business--
Cooperative Service, Rural Development Loan Fund Program
Account''.
(10) The fifth proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural Water
and Waste Disposal Program Account''.
(11) Sections 713, 717, 732, and 746.
Sec. 1281. None of the funds appropriated or otherwise
made available by this division or any other Act shall be
used to pay the salaries and expenses of personnel to carry
out the Wetlands Reserve Program authorized by sections 1237-
1237F of the Food Security Act of 1985 (16 U.S.C. 3837-3837f)
to enroll in excess of 202,218 acres in fiscal year 2011:
Provided, That such program shall be permanently reduced by
47,782 acres.
Sec. 1282. None of the funds appropriated or otherwise
made available by this division or any other Act shall be
used to pay the salaries and expenses of personnel to carry
out the Conservation Stewardship Program authorized by
sections 1238D-1238G of the Food Security Act of 1985 (16
U.S.C. 3838d-3838g) in excess of $649,000,000.
Sec. 1283. None of the funds appropriated or otherwise
made available by this division or any other Act shall be
used to pay the salaries and expenses of personnel to carry
out the program authorized by section 14 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012):
Provided, That of the funds available under such section for
fiscal year 2011, $165,000,000 is rescinded.
Sec. 1284. None of the funds appropriated or otherwise
made available by this division or any other Act shall be
used to pay the salaries and expenses of personnel to
transfer in fiscal year 2011 to the Administrator of the Food
and Nutrition Service under subsection (b) of section 14222
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2245) an amount in excess of
$1,098,000,000: Provided, That none of the funds made
available by this division or any other Act shall be used to
pay the salaries and expenses of personnel to carry out
section 19 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769a) utilizing funds otherwise required to
be made available under subsection (i)(1)(D) of such section
19 in excess of $33,000,000, including the transfer of funds
under subsection (c) of such section 14222, until October 1,
2011: Provided further, That the remaining $117,000,000 of
the amount specified in subsection (i)(1)(D) of such section
19 made available on October 1, 2011, to carry out such
section 19 shall be excluded from the limitation described in
subsection (b)(2)(A)(iv) of such section 14222 for fiscal
year 2012.
Sec. 1285. None of the funds appropriated or made
available by this division or any other Act shall be used to
pay the salaries and expenses of personnel to carry out the
[[Page H886]]
Biomass Crop Assistance Program authorized by section 9011 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8111) in excess of $112,000,000.
Sec. 1286. Of the unobligated balances available for
``Agricultural Programs, Agricultural Research Service,
Buildings and Facilities'' $223,700,000 is rescinded.
Sec. 1287. Of the unobligated balances available for the
cost of broadband loans, as authorized by section 601 of the
Rural Electrification Act of 1936, $15,000,000 is rescinded.
Sec. 1288. (a) Notwithstanding this Act or any other Act,
of the unobligated balances available to the Department of
Agriculture from prior appropriations, $585,000,000 in
appropriated discretionary funds are hereby rescinded.
(b) The Secretary of Agriculture shall determine and
identify from which appropriation accounts the rescission
under subsection (a) shall apply and the amount of such
rescission that shall apply to each such account. Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Agriculture shall submit a report to the
Committees on Appropriations of both Houses of Congress and
the Secretary of the Treasury of the accounts and amounts
determined and identified for rescission under the preceding
sentence: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Sec. 1301. Notwithstanding section 1101, the level for
``Department of Commerce, International Trade Administration,
Operations and Administration'' shall be $450,989,000.
Sec. 1302. Notwithstanding section 1101, the level for
``Department of Commerce, Economic Development
Administration, Economic Development Assistance Programs''
shall be $175,000,000.
Mr. ROGERS of Kentucky (during the reading). Mr. Chairman, I ask
unanimous consent that the remainder of the bill through page 196, line
18 be considered as read, printed in the Record, and open to amendment
at any point.
The Acting CHAIR. Is there objection to the request of the gentleman
from Kentucky?
There was no objection.
Amendment No. 153 Offered by Mr. Michaud
Mr. MICHAUD. Mr. Chairman, I offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 196, line 18, after the dollar amount insert
``(increased by $80,000,000)''.
Page 199, line 6, after the dollar amount insert ``(reduced
by $80,000,000)''.
The Acting CHAIR. The gentleman from Maine is recognized for 5
minutes.
Mr. MICHAUD. Mr. Chairman, I rise today to offer this amendment to
restore funding to the Economic Development Administration. The
investments made by EDA in all of our districts lead to economic
development and job creation. But these investments are not just some
government handout.
By law, EDA projects require a 50 percent local cost share and must
leverage significant private sector investment. EDA's investments are
also competitive and based on a regional, comprehensive economic
development strategy that are spearheaded by local officials, private
sector leaders and community representatives. The agency utilizes this
approach to reflect the local and regional priority of our communities.
But most importantly, all EDA project investments must result in
creation and retention of high-quality jobs.
Let me repeat: EDA is the one agency of the Federal Government that
has a singular focus of creating jobs, and it has a strong track record
of success in my home State of Maine and throughout the country.
{time} 2150
In fact, from 2004 to 2008, EDA-funded projects directly led to the
creation of approximately 200,000 jobs.
All of us support cuts to spending to get our fiscal house in order,
but we all are realistic. We know that actions of one program or agency
won't be enough to solve the Nation's job problems. But at a time when
our States, local communities, and businesses continue to struggle, it
is the wrong time to be cutting a program that is a proven job creator.
It's the wrong time to turn our backs on investments in our communities
that will make a real difference. But it is the right time to set our
priorities and insist that our investments are focused on job creation.
The fiscal year 2010 level was $293 million. The CR cuts it to $175
million. This amendment will actually bring it up to $255 million. So I
encourage my colleagues to support this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maine (Mr. Michaud).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. MICHAUD. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Maine will
be postponed.
The Clerk will read.
The Clerk read as follows:
Sec. 1303. Notwithstanding section 1101, the level for
``Department of Commerce, Minority Business Development
Agency, Minority Business Development'' shall be $30,400,000.
Sec. 1304. Notwithstanding section 1101, the level for
``Department of Commerce, National Telecommunications and
Information Administration, Salaries and Expenses'' shall be
$40,649,000.
Sec. 1305. Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Scientific and Technical Research and Services''
shall be $469,500,000.
Sec. 1306. Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Industrial Technology Services'' shall be
$169,600,000.
Sec. 1307. Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Pacific Coastal Salmon Recovery'' shall be
$50,000,000.
Sec. 1308. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, National
Drug Intelligence Center'' shall be $34,023,000.
Amendment No. 368 Offered by Mr. Flake
Mr. FLAKE. Mr. Chairman, I offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 197, line 17, after the dollar amount, insert
``(reduced by $34,023,000)''.
Page 359, line 5, after the dollar amount, insert
``(increased by $34,023,000)''.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. FLAKE. Mr. Chairman, this amendment is straightforward. It would
simply reduce more than $34 million in funding for the National Drug
Intelligence Center and transfer that money into the spending reduction
account.
In short, the amendment would zero out funding for the National Drug
Intelligence Center, which has survived for the past 3 years by way of
a very broken earmarking process.
For many institutions, drugs are handled with a zero tolerance
policy. I would submit that taxpayers should send a clear signal here
that we have a zero tolerance policy for this kind of wasteful
spending.
There has been no better example for wasteful spending than the NDIC,
an entity I have come to the floor many times within the past to
criticize and to limit funding for. Not just me, but many other
Members.
A pet project that once belonged to a powerful Member of Congress,
the NDIC was established in 1992 and has been the recipient of hundreds
of millions of dollars since then.
In 2005, the White House OMB reported that the NDIC ``has proven
ineffective in achieving its assigned mission.'' In 2006, a spokesman
for the DOJ asserted that the resources of the NDIC should be
``realigned to support priority counterterrorism and national security
initiatives.'' And yet, here we are, 5 years later, funding the NDIC in
spite of what will be 3 years of trillion-dollar deficits and a
skyrocketing national debt.
According to a CQ article from today, even the current
administration's Deputy Attorney General James Cole said that many of
the center's functions could be performed elsewhere.
The President's budget request was released yesterday; and according
to CQ, the NDIC is slated to receive a cut from its current level of
funding from $44 million down to $25 million. I submit that that is $25
million too much.
According to the fiscal year 2011 budget summary for the National
Drug Control Strategy, we spent more than $15 billion on antidrug and
drug-control efforts in fiscal year 2010. Even if
[[Page H887]]
you believe that the NDIC is effective and that it pulls its own
weight, the anti-drug effort, like the budget of the Department of
Defense, should not be immune from commonsense cuts that increase
efficiency, and I can think of few things more efficient than closing
down the NDIC once and for all.
Let me just note, The Wall Street Journal said at one point:
``Conservatives have argued that the center is a waste of taxpayer
money, and critics argue that it has never fulfilled its promise to
provide high-quality analysis of drug networks.'' Again, an internal
White House budget proposal aims to save nearly $17 million by
downsizing NDIC.
Clearly, clearly, I think everybody admits that there is no reason
for this facility to exist anymore and to keep sucking millions and
millions of dollars every year from the taxpayer. The White House,
successive White Houses, Republican and Democrat alike, have said this
is inefficient. It is not filling its mission. So it is up to Congress
now, when we're running a $1.5 trillion deficit that stacks up against
a $14 trillion debt, to look at programs like this and say, All right.
Enough is enough. It's time that we close them down.
So with that, Mr. Chairman, I say let's adopt this amendment. If we
can't do this, where can we save money? If we can't close down a center
that's received hundreds of millions of dollars that the White House,
successive administrations, Republican and Democrat, have said it is
duplicative, it is not fulfilling its mission; if we can't close these
kind of things down, when are we going to save money?
I yield back the balance of my time.
Mr. DICKS. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. I appreciate the gentleman's usual zeal for finding
savings in the budget, but I believe his amendment goes too far to
achieve savings without considering the impacts.
NDIC plays an important role in analyzing and disseminating
information to law enforcement and the intelligence community about the
production, trafficking, and consumption of illegal drugs. It produces
the annual drug threat assessments, as well as local and regional
assessments.
DOJ is proposing a reduced funding level for NDIC in 2012, along with
the realignment of some of its functions to the Drug Enforcement
Administration. We will have to look closely at that proposal to ensure
it would not set us back in dealing with the drug threat. But, in any
case, one simply cannot eliminate an agency overnight.
NDIC performs significant functions that are critical to our law
enforcement efforts, and those functions can't be simply shut down and
transferred without significant planning.
NDIC has been operating under the current CR for several months and
has been obligated a significant amount of funding already, so there is
no way to cut its funding for the year to zero. In fact, CBO scores the
amendment as saving only $16 million in budget authority, not $34
million. I urge my colleagues to defeat this Flake amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Flake).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. DICKS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.
{time} 2200
The Clerk will read.
The Clerk read as follows:
Sec. 1309. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Justice
Information Sharing Technology'' shall be $78,285,000.
Sec. 1310. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Tactical Law
Enforcement Wireless Communications'' shall be $136,143,000.
Sec. 1311. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Detention
Trustee'' shall be $1,533,663,000.
Sec. 1312. Notwithstanding section 1101, the level for
``Department of Justice, Legal Activities, Salaries and
Expenses, General Legal Activities'' shall be $865,097,000.
Sec. 1313. Notwithstanding section 1101, the level for
``Department of Justice, United States Marshals Service,
Construction'' shall be $16,929,000.
Sec. 1314. Notwithstanding section 1101, the level for
``Department of Justice, Federal Bureau of Investigation,
Construction'' shall be $106,915,000.
Mr. HOLT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR (Mr. Bass of New Hampshire). Will the gentleman
specify which amendment.
Mr. HOLT. Amendment No. 235.
The Acting CHAIR. The Chair will note that the reading has progressed
past that point in the bill.
Mr. HOLT. Mr. Chairman, I ask unanimous consent to consider the
amendment out of order.
The Acting CHAIR. Is there objection to the request of the gentleman
from New Jersey?
Mr. ROGERS of Kentucky. Reserving the right to object, Mr. Chairman,
as I understand it, the gentleman wants to go back to a section which
we have already covered?
The Acting CHAIR. The gentleman is correct.
Mr. ROGERS of Kentucky. Mr. Chairman, in order to move things along,
we have to have rules, and I have to object.
The Acting CHAIR. Objection is heard.
The Clerk will read.
The Clerk read as follows:
Sec. 1315. Notwithstanding section 1101, the level for
``Department of Justice, Federal Prison System, Salaries and
Expenses'' shall be $6,325,231,000.
Sec. 1316. Notwithstanding section 1101, the level for
``Office of Science and Technology Policy'' shall be
$6,500,000.
Sec. 1317. Notwithstanding section 1101, the level for
``National Science Foundation, Research and Related
Activities'' shall be $5,467,920,000.
Sec. 1318. Notwithstanding section 1101, the level for
``National Science Foundation, Major Research Equipment and
Facilities Construction'' shall be $54,790,000.
Sec. 1319. Notwithstanding section 1101, the level for
``National Science Foundation, Education and Human
Resources'' shall be $725,760,000.
Sec. 1320. Notwithstanding section 1101, the level for
``Department of Commerce, Bureau of the Census, Periodic
Censuses and Programs'' shall be $913,707,000.
Sec. 1321. Notwithstanding section 1101, the level for
each of the following accounts shall be $0: ``Department of
Commerce, National Telecommunications and Information
Administration, Public Telecommunications Facilities,
Planning and Construction''; ``Department of Justice, Bureau
of Alcohol, Tobacco, Firearms, and Explosives,
Construction''; and ``Department of Justice, Office of
Justice Programs, Weed and Seed Program Fund''.
Sec. 1322. Notwithstanding any other provision of this
division, the following set-asides included in division B of
Public Law 111-117 for projects specified in the explanatory
statement accompanying that Act in the following accounts for
the corresponding amounts shall not apply to funds
appropriated by this division: (1) ``Department of Commerce,
International Trade Administration, Operations and
Administration'', $5,215,000; (2) ``Department of Commerce,
Minority Business Development Agency, Minority Business
Development'', $1,100,000; and (3) ``Department of Commerce,
National Institute of Standards and Technology, Scientific
and Technical Research and Services'', $10,500,000.
Sec. 1323. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the
National Science Foundation are directed to submit spending
plans, signed by the respective department or agency head, to
the House and Senate Committees on Appropriations within 60
days of enactment of this division.
Sec. 1324. Notwithstanding any other provision of this
division, the set-aside included in division B of Public Law
111-117 under the heading ``Department of Commerce, United
States Patent and Trademark Office, Salaries and Expenses''
for policy studies related to activities of United Nations
Specialized Agencies related to international protection of
intellectual property rights shall not apply to funds
appropriated by this division.
Sec. 1325. Of the amount provided by section 1306 for
``National Institute of Standards and Technology, Industrial
Technology Services'', $44,900,000 shall be for the
Technology Innovation Program.
Sec. 1326. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Construction of Research Facilities'' shall be
$58,000,000.
(b) The set-asides included in division B of Public Law
111-117 under the heading ``Department of Commerce, National
Institute of Standards and Technology, Construction of
Research Facilities'' for a competitive construction grant
program for research science buildings and for projects
specified in the explanatory statement accompanying that Act
shall not apply to funds appropriated by this division.
[[Page H888]]
Amendment No. 260 Offered by Mr. Latta
Mr. LATTA. Mr. Chairman, I offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
H.R. 1
Offered By: Mr. Latta
Amendment No. 260: Page 200, line 25, after the dollar
amount insert ``(reduced by $10,000,000)''.
Page 359, line 5, after the dollar amount insert
``(increased by $10,000,000)''.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. LATTA. Mr. Chairman, my amendment would reduce spending for the
Department of Commerce under the National Institute of Standards and
Technology construction of research facilities account by $10 million
and transfer those funds to the spending reduction account. This
program provides government money for construction of research science
buildings. Currently, H.R. 1 funds the technology construction of
research facilities account at $58 million and this amendment would
reduce it to $48 million. While scientific research is important, when
our nation is experiencing massive deficits, we have to make these
difficult cuts.
With a forecasted deficit of $1.6 trillion this year and the national
debt scheduled to triple in 10 years, I am simply proposing cutting
spending from a program that received over $123 million in increased
funding in the stimulus. The President released his budget proposal
this week which reflects a pattern of record spending, and even higher
taxes. This continued spending is funds that the U.S. Government does
not have, as we continue to borrow from other countries. During the
last session of Congress alone, the President signed into law over $1.8
trillion in new government spending and over $670 billion in new job
damaging tax hikes. My $10 million cut is an example of a difficult cut
that has to be made in our Federal budget.
Furthermore, the Department of Commerce has established a national
program office under the National Institute of Standards and Technology
to begin development and implementation of the national strategy for
trusted identities in cyberspace. The general goal of this strategy is
to secure and protect transactions in cyberspace through use of a
special ID, or digital identity, so that people can prove who they say
they are. Let me say that cybersecurity and privacy are extremely
important issues to all Americans. However, I have very strong concerns
that this government-directed effort could destroy online anonymity,
become the equivalent of a national Internet ID, and crowd out current
private-sector efforts. That this project could potentially lead to
issuance of a unique Internet ID that would serve as a single
identifier for access to password-protected Web sites is frightening.
It is equally concerning to think that if this single digital identity
were to be hacked, the hacker would have access to a wide range of a
user's personal information and accounts. Security of the cyber domain
is serious, but a government-run or government-directed Internet ID
system is a risk to liberty and this strategy is not the way to go
about achieving this goal. The elected representatives of Congress
should address these issues, not a government bureaucracy. I will be
offering a limitation amendment to block any funding towards the
development of this strategy, and that is why I am offering this
amendment, No. 260, to cut funding from the National Institute of
Standards and Technology.
I yield back the balance of my time.
Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Virginia is recognized for 5
minutes.
Mr. WOLF. This account has been hit very, very hard already. Each
reduction in the bill was carefully determined. The funding level
provided for NIST construction in the bill is $89 million below FY
2010.
NIST has played a key role in enabling innovative ideas with regard
to strengthening infrastructure for advance manufacturing, service and
science.
NIST works with the private sector, other government agencies and
universities to develop and apply the technology, measurements and
standards needed for new and improved products.
We have already reduced the funding in this account quite
dramatically, and this would really, I think, hurt the jobs effort and
hurt manufacturing.
Mr. DICKS. Will the gentleman yield?
Mr. WOLF. I yield to the gentleman from Washington.
Mr. DICKS. I strongly support the gentleman's position here. We've
already cut this account. There's $58 million in the account; a
reduction of $89 million, or 60 percent below FY10. And the NIST does
very good work. So I support the chairman and in opposition to the
Latta amendment.
Mr. WOLF. Reclaiming my time, again, we want science, jobs, math,
science, physics, chemistry, biology to create opportunities for
manufacturing.
I urge a ``no'' vote on the amendment.
{time} 2210
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Latta).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. LATTA. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Ohio will be
postponed.
The Clerk will read.
The Clerk read as follows:
Sec. 1327. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'' shall
be $2,850,883,000.
(b) The set-aside included in division B of Public Law 111-
117 under the heading ``Department of Commerce, National
Oceanic and Atmospheric Administration, Operations, Research,
and Facilities'' for projects specified in the explanatory
statement accompanying that Act shall not apply to funds
appropriated by this division.
Sec. 1328. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction''
shall be $1,455,353,000.
(b) The set-aside included in division B of Public Law 111-
117 under the heading ``Department of Commerce, National
Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' for projects specified in the
explanatory statement accompanying that Act shall not apply
to funds appropriated by this division.
Sec. 1329. (a) Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, Justice
Assistance'' shall be $225,000,000.
(b) Amounts included in paragraphs (1) through (5) under
the heading ``Department of Justice, Office of Justice
Programs, Justice Assistance'' of division B of Public Law
111-117 shall be deemed to represent the maximum amount of
funding available under the respective paragraph.
Sec. 1330. (a) Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, State
and Local Law Enforcement Assistance'' shall be $953,500,000.
(b) The amount included in paragraph (4) under the heading
``Department of Justice, Office of Justice Programs, State
and Local Law Enforcement Assistance'' of division B of
Public Law 111-117 shall be applied to funds appropriated by
this division by substituting ``$0'' for ``$185,268,000''.
(c) Amounts included in paragraphs (1) through (3) and
paragraphs (5) through (29) under the heading ``Department of
Justice, Office of Justice Programs, State and Local Law
Enforcement Assistance'' of division B of Public Law 111-117
shall be deemed to represent the maximum amount of funding
available under the respective paragraph.
Amendment No. 12 Offered by Mr. Holt
Mr. HOLT. Mr. Chairman, I offer an amendment as a designee of the
gentlewoman from New York (Mrs. McCarthy).
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 202, line 16, after the dollar amount, insert
``(reduced by $20,000,000) (increased by $20,000,000)''.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. HOLT. Mr. Chairman, this amendment is to make sure that we
continue the good work of the National Instant Criminal Background
Check
[[Page H889]]
System. The NICS is a national database system that keeps track of
individuals who are disqualified under current law from purchasing and
possessing firearms. Need I remind my colleagues of the many reminders
we have had of the need for this.
The amendment before us here seeks to ensure that the Department of
Justice continues funding the NICS Improvement Amendments Act of 2007
at the current level of $20 million. It was signed into law in January
2008 and requires all States to provide the NICS with relevant records
that are needed to conduct effective background checks. Additionally,
the NICS Improvement Act provides grants to States and territories to
update their records and transmit the records to the NICS database.
NICS is a critical tool in the fight to keep firearms from those
legally disqualified from purchasing and possessing them. The only way
to enforce the law is to ensure that NICS has up-to-date records from
State and Federal sources.
We understand the constraints on the Federal budget. However, by
continuing to fund this program at the current FY10 level, we continue
the vital effort to keep guns out of the hands of people who should not
have them.
I encourage Members to support this amendment.
Had I had the floor before, I would have offered an amendment to
restore the $310 million that was cut from the lifesaving Community
Oriented Policing, or COPS Program, but I was denied that opportunity.
So I ask for support for the amendment from Mrs. McCarthy and me to
fund the NICS Improvement Amendments Act.
I yield back my time.
Mr. WOLF. Mr. Chairman, I rise in support of the amendment.
The Acting CHAIR. The gentleman from Virginia is recognized for 5
minutes.
Mr. WOLF. The Appropriations Committee will be requiring the
Department of Justice to come back to the committee with a spending
plan outlining how it intends to use the funds provided for State and
local law enforcement. We accept the amendment.
Mr. DICKS. Mr. Chairman, if the gentleman will yield, we accept the
amendment on our side too.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Holt).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 1331. (a) Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, Juvenile
Justice Programs'' shall be $232,500,000.
(b) The amount included in paragraph (2) under the heading
``Department of Justice, Office of Justice Programs, Juvenile
Justice Programs'' of division B of Public Law 111-117 shall
be applied to funds appropriated by this division by
substituting ``$0'' for ``$91,095,000''.
(c) Amounts included in paragraph (1) and paragraphs (3)
through (8) under the heading ``Department of Justice, Office
of Justice Programs, Juvenile Justice Programs'' of division
B of Public Law 111-117 shall be deemed to represent the
maximum amount of funding available under the respective
paragraph.
Sec. 1332. (a) Notwithstanding section 1101, the level for
``Department of Justice, Community Oriented Policing Services
(Including Transfers of Funds)'' shall be $290,500,000.
(b) Amounts included under the heading ``Department of
Justice, Community Oriented Policing Services (Including
Transfers of Funds)'' in division B of Public Law 111-117
shall be applied to funds appropriated by this division by
substituting--
(1) ``$15,000,000'' for ``40,385,000'';
(2) ``$0'' for ``$25,385,000'';
(3) ``$1,500,000'' for ``$170,223,000'';
(4) ``$0'' for ``$168,723,000''; and
(5) ``$0'' for ``$298,000,000''.
(c) Amounts included in paragraph (1) and paragraphs (4)
through (8) under the heading ``Department of Justice,
Community Oriented Policing Services (Including Transfers of
Funds)'' of division B of Public Law 111-117 shall be deemed
to represent the maximum amount of funding available under
the respective paragraph.
Amendment No. 240 Offered by Ms. Jackson Lee of Texas
Ms. JACKSON LEE of Texas. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment to Strike Section 1332 of Title III, which
reduces the funding level for the Department of Justice,
Community Oriented Policing Services to $290,500,000.
Mr. WOLF. Mr. Chairman, I reserve a point of order against the
gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
The gentlewoman from Texas is recognized for 5 minutes.
Ms. JACKSON LEE of Texas. I thank the gentleman, and I thank the
ranking member and, of course, the manager for the majority.
Mr. Chairman, I rise for a very important discussion as a member of
the House Judiciary Committee and someone who truly believes that the
COPS Program that has been initiated over a long tenure of time has
truly brought down the crime statistics across America. Whether you are
a rural hamlet or whether or not you happen to be a major city, the
COPS Program has been an anchor for security for neighborhoods who
cannot afford to pay for their own private police services.
This amendment restores the $600 million that is offered to be taken
from the present funding, and it restores or would prevent the taking
of 1,330 cops off the street, and as well it will provide the safety
net that is necessary.
If I had had command of the floor earlier, I would have also added to
this discussion the elimination of salaries that are eliminating the
use of resources for the enforcement of the Voting Rights Act and the
resources necessary to enforce the Voting Rights Act in the new
redistricting plans that will be coming forward.
But it is certainly a shame to take in the middle of municipal budget
years a sizable amount of dollars which they had been operating with
and depended on. There are local communities in which the COPS Program
provides one police officer, two police officers, 20 police officers,
30 police officers, and that is the very existence of that community.
In cities around America, cops have been laid off, and that should be a
decision of last resort.
When you talk about going forward, my question to my friends on the
other side of the aisle is, is the purpose of this legislative
initiative job creation, or job elimination? How can you do such damage
to members of the municipal workforce that are on the front lines
serving local communities?
The COPS Program has been an enormous success. It has survived
several administrations, Republican and Democrat. And to suggest that
the COPS Program would be obliterated or at least devastated in such an
amount would, from my perspective, be the wrong direction to go. COPS
academy classes have been put on hold. Mayors have eliminated classes.
I have seen that in cities around America, and as members of the House
Judiciary Committee, we have had several encounters of eliminating COPS
funding.
This amendment simply strikes the elimination or the intent to
eliminate a certain amount of funding for the COPS Program. As a member
of the Homeland Security Committee, I would ask my colleagues to ask
themselves the question, do the American people deserve safety and
security in a time where we continue to face international and homeland
security threats here in the United States? Domestic law enforcement is
a key element in providing that kind of safety net.
{time} 2220
Training, the opportunity for security, and the opportunity for
ensuring that hamlets, towns, cities, and rural communities, counties,
do not have to suffer through the crisis of the lack of security.
So I would ask my colleagues to consider a waiver so that we can
address this question of the funding of a very important program. And I
might add that I look forward to working with the Senate to restore
those salaries to the Department of Justice so that we do not have to
undermine the enforcement of an enormously important legislative
initiative, one that Martin Luther King and our colleague, John Lewis,
fought hard for and one that has withstood the test of time--and that
is enforcement of the Voting Rights Act. How could we? And I look
forward to working with the Senate for allowing that to go forward as
well as to be able to enforce the values or the laws, the requirements
of the Voting Rights Act, as relates to the 2011 redistricting that
will take place in the coming months.
[[Page H890]]
I yield back the balance of my time.
Point of Order
Mr. WOLF. Mr. Chairman, the amendment proposed a net increase in
budget authority. Before I comment on it; one, this does not cut the
Voting Rights Act. So that's not accurate. This does not, this does
not, this does not cut the Voting Rights Act.
The Acting CHAIR. The gentleman may state his point of order but not
engage in debate on the issue.
Mr. WOLF. Mr. Chairman, the amendment is not in order under section
3(j)(3) of House Resolution 5 of the 112th Congress, which states, ``It
shall not be in order to consider an amendment to a general
appropriations bill proposing a net increase in budget authority in the
bill unless considered en bloc with another amendment or amendments
proposing an equal or greater decrease in such budget authority
pursuant to clause 2(f) of rule XXI.
The amendment proposes a net increase in budget authority in the bill
in violation of such section.
The Acting CHAIR. Does any other Member wish to address the point of
order?
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE of Texas. Mr. Chairman, as I indicated before, first
of all, the gentleman was mishearing what I said. I indicated that I
had an earlier amendment that I decided not to offer because I intend
to work with the other body on it. But it would have diminished the
ability to enforce the Voting Rights Act. That is not what we're
speaking of today.
The Acting CHAIR. The gentlewoman needs to address the point of
order.
Ms. JACKSON LEE of Texas. Mr. Chairman, I wanted to clarify that I
was not speaking on this amendment. In this amendment I've simply asked
for a waiver. Frankly, this is too important an issue to be addressed
by the gentleman's point of order. I ask for a waiver. This is denying,
if you will, huge amounts of money to many municipalities all across
this Nation. And $600 million is absolutely ludicrous. It causes a loss
of jobs and a loss of safety for the United States.
I ask for a waiver on the point of order.
The Acting CHAIR. The Chair is prepared to rule.
Mr. WEINER. Mr. Chairman, I would like to be heard on the point of
order.
The Acting CHAIR. The gentleman from New York is recognized.
Mr. WEINER. The intention of the rule that the chairman is referring
to is to make sure we're not adding any additional spending. But in
fact, by cutting the COPS program, you're actually adding an enormous
amount of expenditure in the long run. And what the gentlelady is going
to being doing by preserving COPS on the street, you have less crime,
lower insurance rates, less costs for prevention. You wind up--COPS on
the beat wind up saving money. They save money in another way. They
save money because localities don't need to raise taxes to keep these
cops on the street.
So I think the gentlelady's amendment is a net budget reducer, net
budget saver. Sometimes we invest in things here that save money, and
the gentlelady's amendment does that. So it's in compliance with the
rule.
The Acting CHAIR. The Chair is prepared to rule on the point of
order.
The gentleman from Virginia makes a point of order that the amendment
offered by the gentlewoman from Texas violates section 3(j)(3) of House
Resolution 5.
Section 3(j)(3) establishes a point of order against an amendment
proposing a net increase in budget authority in the pending bill.
The Chair has been persuasively guided by an estimate from the chair
of the Committee on the Budget that the amendment proposes a net
increase in budget authority in the bill. Therefore, the point of order
is sustained and the amendment is not in order.
Amendment No. 125 Offered by Mr. Weiner, As Modified
Mr. WEINER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment, as modified, is as follows:
Page 203, line 23, after the dollar amount, insert
``(increased by $298,000,000)''.
Page 204, line 8, after the first dollar amount, insert
``(increased by $298,000,000)''.
Page 206, line 10, after the dollar amount, insert
``(reduced by $298,000,000)''.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. WEINER. Thank you, Mr. Chairman. Before I proceed, I would make a
unanimous consent request. There's a typographical error that should
say $298 million, and it has only 5 zeros. So in the two places that
that is stated, I ask unanimous consent to add the extra zero so it
makes sense.
The Acting CHAIR. Is there objection to the request of the gentleman
from New York?
There was no objection.
The Acting CHAIR. The amendment is so modified.
Mr. WEINER. Mr. Chairman, my colleagues, this is to restore the COPS
program and take money out of space. But before I do that, I really
have to say I don't think this process is on the level. What are we
doing here? We're figuring out which diminished amount we're going to
take from to restore another diminished amount. This bill isn't going
to become law. The President today said that he is going to veto this
bill, as he should. It slashes funding on so many important things to
our communities. I bet you most of the authors of the bill are praying
that he vetoes this bill. But the fact is we're kind of in here playing
this game. We're trying to take from one slashed account and move funds
to another slashed account, but in the clear case of how the
Republicans are swinging a meat ax rather than a scalpel--the COPS
program, police officers, cops on the beat.
The COPS program has been a success not just because it's been a big-
city program. You've got COPS over the first 10 years of the program in
every single State. Every single community has had an increase because
of police officers. And I thought being tough on crime was a Republican
ideal. You slash this funding and what's going to wind up happening is
your localities are going to have one of two choices: Lay off police
officers or raise taxes some other way. It's going to be a net zero
effect because they're going to want to keep these cops on the beat.
So where do we take the money to replace just the hiring component?
We're not going to replace the whole program, just the hiring
component. We're going to take it out of space exploration. I want to
go see Mars, too, but I'd much rather have cops on the streets of
Brooklyn and Queens. I want it for all of your districts as well.
But let's face a little something about this budget. It's an
irresponsible budget you've put on the floor. I'm sure Mr. Dicks would
agree it's irresponsible to slash air traffic controllers 20 percent.
Who thinks that's a good idea? It's irresponsible to cut 1,500 cops on
the street. Who thinks that's a great idea? It's irresponsible to say
to middle class parents who are getting Pell Grants, Sorry, your kid
can't go to college next year. Who thinks that's a good idea?
The President has said that he's going to veto this bill. Why don't
we stop right now, roll it up, fold it up, go back and try to get this
right? Let's try to come up with a commonsense budget. We know there
are going to be cuts that are necessary. But to the COPS program?
We've got to understand here that these are going to require some
tough choices. And I had a joking exchange with Mr. Dicks earlier, I
think we can get more from Defense, I think we can get more from
Agriculture. I get it. But, frankly speaking, I believe that there are
some values that should transcend politics and transcend communities--
and one of them is how many police officers.
And not only are there a lot of cops going to these communities;
let's look at what's happening. In Jackson, Mississippi, 347 cops, they
had a 12 percent reduction in crime; Detroit, Michigan, 500 cops, a 7
percent reduction; Boston, Massachusetts, almost a 29 percent reduction
in crime. This is a good law enforcement program.
So I will say on behalf of all my colleagues, and Congressman Grimm
is supportive of this; Congressman DeFazio I think is here; Congressman
Cohen is here; Congressman Pallone I know is interested in this; and we
know Congresswoman Jackson Lee. Congressman Reichert on your side is
interested. I can tell you this: If we asked every person to stand up
who had
[[Page H891]]
COPS hired in their district, every one of you would have to stand up.
It's going to all 435 districts. So let's keep that program going.
Now, do I like the idea we have to take it from NASA space
exploration? I don't know any of the crime statistics on Mars, and I'm
interested, but it's a bad choice. If any of you like space
exploration, so do I. In a way, I'm playing the game too. I'm taking
from one place to give to another. But I do believe it's in the
interest of all of us to try to set these priorities straight.
{time} 2230
One of the things we can do is vote ``yes'' on the Weiner amendment
and then do something else.
It's late. We've gone through this exercise for a while. Since it's
really a Kabuki dance and since we know that this document isn't going
to become law--the President has already said he's going to veto it,
and we already know the American people are not going to sit back for a
20 percent reduction in air traffic controllers--how is it a Republican
ideal to make the air traffic less safe? How is that a value that
somehow drove this Congress?
That shouldn't be nor should it be that we reduce the number of
police officers on the streets. That's not who we are as a country.
It's not who we should be as a Congress. So I hope you support the
Weiner amendment by taking from Mars and putting it in the streets of
your district.
I think it's late. Let's fold up the rest of the bill. Let's go back.
Let's have some bipartisan discussion, and let's try to figure out how
to do this in a way that the President won't veto it.
I yield back the balance of my time.
Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Virginia is recognized for 5
minutes.
Mr. WOLF. I would tell the gentleman that the President of the United
States failed to do what he was elected to do--that was to lead this
country--by rejecting the Simpson-Bowles commission recommendation.
Mr. Chairman, President Obama supported and appointed the people to
the Simpson-Bowles commission. Then we saw in the State of the Union
message that none of the cuts that are being done tonight would have
had to have been done had the President done what he should have done
with regard to the Simpson-Bowles commission.
If I had been appointed to the Simpson-Bowles commission, I would
have been supportive of it. If Tom Coburn and Dick Durbin can be in
support of it, hopefully we can come together in a bipartisan manner;
but all of the opposition would not even have had to take place if the
President had not failed to provide the leadership that he failed to
provide.
This bill makes deliberate choices within NASA to strike an
appropriate balance between achieving budget savings, procurement
support for NASA's $16 billion in annual contracts, and safety and
mission assurance to prevent spaceflight accidents. To do this, you
would almost guarantee that something could potentially happen.
I teach security to prevent the Chinese from having cyber attacks. We
had hearings the other day, and we learned that the Chinese have had
cyber attacks against NASA's computers. This amendment would say that
it's okay, that we can have the cyber attacks. We're going to put it
somewhere else.
In addition--and I see the gentlelady from Houston is here--this
amendment will cost NASA's civil servants and contractors between 1,500
and 2,000 jobs.
Had President Obama done what he should have done by appointing that
commission, we wouldn't even have had any cuts here. We would have been
doing what we had to do. Since we're talking about crime, Willie Sutton
said he robbed banks. The reason he robbed banks is that that's where
the money is. The money is in entitlements. Had we dealt with the Obama
commission of Simpson-Bowles, we would not be where we are today.
I yield back the balance of my time.
Mr. COHEN. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Tennessee is recognized for 5
minutes.
Mr. COHEN. Willie Sutton would love it if the cops weren't trying to
protect the banks--that would be great--but the cops are important.
Mr. Chairman, my first job out of law school was as an attorney for
the Memphis Police Department. One of the first things I learned is
that the best deterrent to crime is patrol, and patrol is policemen on
the beat. That is the most effective way to reduce crime. When you have
high unemployment, when you have a great recession like we've
experienced with high unemployment, crime naturally does go up. When
you have crime go up, you need more cops to protect property and
individuals and lives.
This COPS program has been successful. It was successful in the
1990s, and we saw a tremendous decrease in crime. As Mr. Weiner pointed
out--and I praise him for being a champion of this for so many years--
this has been an effective program that has saved lives and property,
that has kept insurance rates down, and that has kept order and liberty
in our country.
Willie Sutton would not be for this amendment. He'd like to see the
cops off the streets, away from the banks, away from the widows, away
from the children, away from everybody who is in the arms of a
potential crime, in the way of a potential crime, and that's something
we shouldn't have in this country.
The cost to get rid of this program would be tremendous. The fact is
the COPS program saves money, and this amendment zeros out the COPS
program. It isn't a simple change in eliminating some of the moneys. It
eliminates the program, and that's a mistake.
Local police are struggling with shrinking budgets. Tax rates are
down as people have spent less money, so we don't have the money to
support our police and to keep our law enforcement at the levels they
should be. To cut police and law enforcement is a mistake, a serious
mistake that's going to cost the American people.
You can't put it down in dollars and cents. Lives will be lost.
Property will be lost. Insurance rates will go up. This is one place
among others, but particularly here, they're the first line of defense.
Of the police powers of the State, the first one is safety.
There are other areas where you could save money. If you want to keep
the budget and cut it, there are a lot of defense programs that could
be cut. There are defense programs that are not effectively keeping us
safe from foreign problems or from foreign adversaries, but our streets
in every city in this Nation and every hamlet has the need for police.
To cut this COPS program is simply irresponsible, and it disregards the
American public's regard and need for safety on the streets and for
safety in their communities. We should support our police and make our
streets safer.
I would ask that we support this amendment. I would ask that the
people on the other side understand that law enforcement is a primary
concern of government and that a reduction of this program or the
elimination of this program will cost the American public dearly, and
lives will be lost.
I yield back the balance of my time.
Mr. SCHIFF. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. SCHIFF. Mr. Chairman, I fully support the effort to restore
funding to the COPS Hiring Program.
We should absolutely look for savings and reduce costs in the Federal
budget, but we should not be withdrawing support for law enforcement
while cities and towns across the country are struggling to maintain
their police forces.
A good example is Camden, New Jersey, which was forced by budget
shortfalls to lay off 168 police officers last month. The city recently
raised property taxes enough to restore about 20 percent of those
positions, but law enforcement in the city is still woefully
understaffed.
The CR cuts COPS programs by $501 million, including a reduction of
$298 million that specifically zeros out the COPS Hiring Program. The
elimination of COPS Hiring would result in 1,330 fewer cops hired or
rehired in FY11 compared to FY10, or 3,000 fewer cops hired or rehired
in FY11 compared to the FY11 request of $600 million.
[[Page H892]]
Camden and many other cities and towns across the country still need
Federal assistance to help them get through this difficult economic
period, and that is exactly what this amendment is designed to do.
By restoring funding for COPS Hiring grants, Camden and other
municipalities across the country could get grants to cover the 3-year
cost of rehiring officers they were forced to lay off or of hiring new
officers they need but have been unable to afford. After 3 years, when
the economy is expected to be in much better shape, these
municipalities would be required to take on the costs of these
officers.
While I support the gentleman's amendment and strongly believe we
should restore funding for the COPS Hiring Program, I am deeply
concerned about the offset the amendment relies upon.
NASA's Cross-Agency Support account funds many of the vital efforts
of the NASA centers across the country. Currently, there is a backlog
of deferred maintenance needs at NASA facilities, and this backlog has
been growing at the rate of about 9 percent a year. Cutting funding for
this account will only make NASA's maintenance backlog worse and will
impede NASA's mission.
We need to fund both NASA's Cross-Agency Support and COPS Hiring at
adequate levels, and I hope, by the end of this process, we can find a
way to do that.
Mr. Chairman, I yield back the balance of my time.
Mr. DeFAZIO. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. When I was first elected to office, I served with a very
conservative Republican, and he used to say that government is about
roads and rope.
He was talking about the basis for our system here in America--the
basics. He was talking about transportation, the Boston Post Road, the
original roads of America that tied a young Nation together on rope. He
was talking about law enforcement here on Earth, law enforcement
protecting American citizens from criminals.
Now, somehow the Cross-Agency Support account, which is an
unbelievable catchall slush fund at NASA which has grown in the last 2
years from $550 million to $3 billion and which will actually be
increased in this continuing resolution by $36 million, is more
important than defending the American people from criminals, from
lawbreakers, which is the most basic requirement of the Government of
the United States.
Now, this isn't even like real stuff at NASA. It's not the fantasy
about going to Mars or any of the other things they're engaged in for
many billions of dollars.
{time} 2240
This is a cross-agency support budget which has gone up six times,
600 percent in 2 years, and it's going to go up again here today, and
we're going to slash the heck out of the COPS program. Now, go home and
explain that to your constituents. You can't even say, Look up there,
because it's not a satellite. It's not headed to the Moon or to Mars.
You have to say, Hey, it's the cross-agency support budget at NASA, and
when the criminal is breaking down your door, call NASA. That probably
isn't going to work too well.
This not only supports police on the streets in overstretched
agencies, it supports--and we've had a lot of talk about urban
America--sheriffs in our rural areas which are woefully unpoliced, and
in my district we've got money out of this account which you're cutting
by 65 percent to go after methamphetamine manufacturing and Mexican
cartels moving methamphetamine up the West Coast of the United States.
We're going to cut that 65 percent because it's more important that we
fund the cross-agency support budget of NASA and we increase it by 600
percent in 2 years and we decrease funding for COPS and sheriffs and
drug reduction in our communities, in our schools, in our rural areas
by 65 percent.
Well, you go on home and campaign on that, and I will be campaigning
on my issues.
Mr. PASCRELL. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. PASCRELL. We used to argue at one time on this floor whether or
not to help communities to support the police department. We argued
here on this floor as to whether this was a Federal issue, whether the
Federal Government had any responsibility in terms of firefighters--I
remember the debates--and police officers, and we made a decision on a
bipartisan basis that it was a responsibility because we needed to
protect the homeland.
So Democrats and Republicans supported the protection in trying to
help communities fight crime and put out fires. We made that on a
bipartisan basis, and it is a shame that we do not even consider the
COPS program as part of homeland security because, if you don't have it
here, you have it nowhere. This is a security issue. It is a priority.
How many officers in the past 2 months have been shot down doing their
job in this country? Double last year. And we know that small
communities and large communities have taken advantage of the COPS
program. This is important to our communities.
I was a mayor of the third largest city in New Jersey. I know what
those police officers on the street in the communities mean to
protecting folks in my town where I still live. I know the results.
Since 1992, I know those results inside and out. You heard Mr. Weiner,
who showed us the charts about what it has meant right across the
United States of America. We're making a big mistake here. Throughout
the United States of America, everybody, citizens know that when they
see police officers walking the beat, they know there is a priority
that the Federal Government has not forgotten.
I ask you, you cannot do to police officers and you cannot do to
firefighters what this budget, at least for the next 6 months, is being
represented by the other side. We are going to take up a FIRE Act
pretty soon, the SAFER Act pretty soon with our firefighters. We can't
do this. We can't pat them on the back and say, Great job. We can't go
to the parades and say, Look at this; this is the protection we have in
America, and do this in a program that's successful.
No one has stood and questioned the success of either of these
programs. No one. I haven't heard one word tonight. If a program wasn't
working, if cops weren't doing their job on the beat, then you'd stand
and you would defend that particular position.
This is not the way to do it. This is not the way to protect the
homeland. This is not the way to pat police officers on the back and
then send them out there without the resources and without their
brothers and sisters fighting alongside of them to protect the United
States of America.
Mr. Chairman, this is a very serious problem. We argue vociferously
on this floor to protect the soldier in the field in foreign lands. I'm
here today to support DeFazio, Weiner, and the rest of the folks who
have talked on this, to defend our police officers on the street. We
owe them no less. I ask you to restore this money, the money that has
been taken away in this 7-month budget. I don't think it's fair, and I
don't think it's wise.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Weiner).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. WEINER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
Mr. SCOTT of Virginia. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SCOTT of Virginia. Mr. Chairman, the CR's proposal before us
proposes to cut $190 million from juvenile justice programs. That cut
is shortsighted and misguided. Cutting effective crime prevention
programs is penny wise and pound foolish because we have reams of
research and demonstration programs to show that evidence-based crime
prevention programs save a lot of money in avoided law enforcement,
victim, incarceration, and
[[Page H893]]
other expenditures and actually save more than the programs cost.
The current Justice Department is making excellent progress in
assuring that crime prevention programs and funding are only used for
those programs that have proven their effectiveness through vigorous
evaluation and study and programs that have shown their effectiveness.
I can see that cutting unproven programs as a result of earmarks that
haven't gone through that vigorous demonstration would be appropriate,
but the programs in the Justice Department should not be cut.
Mr. Chairman, there are a lot of organizations that have written in
opposition of the cuts in the juvenile justice programs. They include
the National Disability Rights Network, the Campaign for Youth Justice,
the Children's Law Center, the National Council for Community
Behavioral Healthcare, The Afterschool Alliance, the Campaign for Fair
Sentencing of Youth, and the Coalition for Juvenile Justice.
Mr. Chairman, last month we passed a tax bill that increased the
deficit by $400 billion a year for 2 years. Now, we obviously need to
cut the budget to pay for those tax cuts, but cutting funding for
juvenile justice programs that are proven to save more money than they
cost is not the right thing to do. We need to defeat this bill and come
back with a bill that fully funds the juvenile justice programs so that
we can save money and reduce crime.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 1333. (a) The percentage limitations on transfers
between appropriations of the Department of Justice described
in section 205 of division B of Public Law 111-117 shall not
apply to funds provided by this division to the Department of
Justice, or provided under previous appropriations Acts to
the Department of Justice that remain available for
obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the Department
of Justice.
(b) The transfer authority provided in subsection (a) shall
pertain only to transfers into the following accounts:
``Department of Justice, Salaries and Expenses, United States
Attorneys''; ``Department of Justice, United States Marshals
Service, Salaries and Expenses''; ``Department of Justice,
Federal Bureau of Investigation, Salaries and Expenses'';
``Department of Justice, Drug Enforcement Administration,
Salaries and Expenses''; ``Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives, Salaries and
Expenses''; and ``Department of Justice, Federal Prison
System, Salaries and Expenses''.
(c) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of division B
of Public Law 111-117 and shall not be available for
obligation except in compliance with the procedures set forth
in that section as amended by this division.
Sec. 1334. Notwithstanding section 1105, the proviso
limiting the use of funds under the heading ``National
Aeronautics and Space Administration, Exploration'' in
division B of Public Law 111-117 shall not apply to funds
appropriated by this division.
Sec. 1335. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Space
Operations'' shall be $5,946,800,000.
(b) The proviso specifying amounts under the heading
``National Aeronautics and Space Administration, Space
Operations'' in division B of Public Law 111-117 for
operations, production, research, development, and support of
the Space Shuttle and the International Space Station and for
Space and Flight Support shall not apply to funds
appropriated by this division.
Amendment No. 78 Offered by Mr. Olson
Mr. OLSON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 205, line 25, after the dollar amount insert
``(reduced by $517,000,000) (increased by $517,000,000)''.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
{time} 2250
Mr. OLSON. Mr. Chair, I rise today in support of my amendment to
shift funds in the NASA budget. I appreciate the work that Chairman
Wolf and his colleagues have put into drafting this bill. I know how
tough it must have been. We were elected to make tough decisions, to
cut spending, and to put our fiscal house in order. In our Nation's
current fiscal situation, we must set clear and prudent guidelines on
how our limited tax dollars are spent. I propose today that we set such
limits within NASA to get better use out of our money.
Climate research is currently conducted in 16 different agencies,
including NASA, and received over $35 billion through stimulus and last
year's appropriations bills. Human space flight is conducted in exactly
one agency, NASA. In this tight budget cycle, we must reduce
duplicative spending and target our resources where they will be most
beneficial. The 15 other agencies conducting climate research can pick
up the slack while freeing up resources for NASA to make a truly unique
contribution, maintaining U.S. dominance in human space flight.
Accordingly, my amendment proposes to reallocate $517 million that
could be spent on NASA's science programs so that it will instead be
available to maintain stable operations for human space flight. The
amendment does not--does not change the overall NASA funding level. It
simply reallocates within the total.
I understand the tough task this CR has been for our appropriators.
It is never easy to tell people they must do more with less. NASA has
been doing more with less for almost a decade, and that is why I am
offering this amendment.
I appreciate this opportunity to discuss NASA priorities with
Chairman Wolf and my colleagues. And I ask for Chairman Wolf's
commitment to work with me going forward as we begin the appropriations
process for fiscal year 2012, to ensure that we orient NASA away from
duplicative climate research missions and back to its unique human
space flight mission.
Mr. Chair, I would like to yield to Chairman Wolf for the purpose of
engaging in a colloquy.
Mr. WOLF. I thank the gentleman.
It's my understanding that the gentleman is withdrawing the
amendment. I want to thank the gentleman for raising some critically
important points about the value of NASA's human exploration program
and the need to fully support it. And no one is a stronger supporter of
NASA than the gentleman from Texas, except maybe Mr. Culberson who is
equally supportive.
I share his concern with ensuring exploration is adequately funded
and that NASA remains on a clear path to achieve the human space flight
goals laid out in last year's authorization. I will be happy to work
together as closely as we possibly can to finish FY 2011 and move
forward into FY 2012 to maintain a robust human space flight program at
NASA, just as Mr. Olson would like it to be.
In doing so, I agree that it will be necessary to identify and
eliminate duplicative, wasteful, or lower-priority activities in NASA's
science programs or any other NASA account, for that matter, so that we
can remain on a sustainable overall budget path. I look forward to
working with the gentleman and our colleagues who support NASA and
thank him for his continuing efforts in this area.
Mr. OLSON. I yield back the balance of my time.
Ms. JACKSON LEE of Texas. I move to strike the last word.
The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. JACKSON LEE of Texas. I rise to support the amendment that Mr.
Olson has offered, and I am delighted that we have the opportunity to
work together collaboratively with the chairman and with Mr. Dicks on
this very important issue.
I would like to say publicly that Democrats and Republicans in the
State of Texas have worked enthusiastically together on supporting NASA
and human space exploration. I'm sorry that I will not have the
opportunity to support Mr. Olson's amendment or vote for it. He is
absolutely right, human space flight is conducted in exactly one
agency, NASA, and the general Houston area and Texas are impacted
enormously. We have already lost 4,000 jobs. There will be a decrease
of $1 billion going to NASA Johnson. That will impact the transition,
if you will, in human space exploration. One very well known member of
our community, Captain Mark Kelly, the husband of our dear and beloved
Member, Congresswoman Giffords, will have the opportunity to be on one
of the final shuttles.
But what most of us are not aware of, because our memory fades, is
how much we gained from human space exploration. Research in HIV/AIDS
and
[[Page H894]]
stroke and heart disease and weather research, all improving the
quality of life for Americans. So I stand solemnly behind continuing to
fund human space exploration and join Mr. Olson in the leadership that
he has given.
This is a tight budget, but the President talked about investing in
competitiveness, creating jobs. NASA creates jobs. It creates jobs for
small businesses. It creates jobs for large contractors. It creates
thousands upon thousands of jobs. So I hope in this instance that we
can speak in a bipartisan manner to speak to the administration on the
value of continuing to support NASA. It is difficult when we have a CR
that, in fact, is cutting millions from the NASA budget, and I would
hope that there would be a recognition that it is important to put $517
million back into NASA, as was offered by this amendment.
I can't imagine a Nation without the ability for young people to
aspire to the heights of those who have gone on before, those who have
been astronauts, those who have explored the skies, those who have done
enormously important research on the various trips that have been taken
that have provided the research and as well the space station which has
been an enormous asset that has brought international partners together
and helped develop science that could not be developed before.
Having traveled to most of the centers that are under the NASA
administration, each and every one that I have been to has had the
quality of staff that have been doing their job in the name of progress
for the American people. So I'm disappointed with this CR that has
caused these enormous cuts, and I would hope that we have the
opportunity to restore them.
Where are we if we quash the genius of America? Where are we if we
extinguish the dreams of young students and scientists around America?
Where are we if we quash the jobs that can be created by science? NASA
is an asset and a jewel. And I hope together in this Congress, and of
course working together with the administration, we can realize it once
and for all. Why we have to battle so hard for something that has done
so much for the American people baffles me. I look forward to the
reinvestment in science and competitiveness. I thank the gentleman for
his leadership, and I hope we'll be able to work in a bipartisan
manner.
I yield back the balance of my time.
Mrs. ADAMS. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentlewoman from Florida is recognized for 5
minutes.
Mrs. ADAMS. Mr. Chairman, I rise today to join my colleague,
Representative Olson, in support of an amendment to transfer $517
million out of NASA's climate change research fund and into human space
flight, a proven economic driver and job creator. This amendment sends
a clear message to both the administration and the leadership of NASA
that it is Congress' intent that human space flight should not and
cannot be ignored or marginalized.
As Representative Olson just mentioned, the purpose of this amendment
is to highlight the administration's approach to NASA and the direction
in which it's heading. At a time when unemployment is at 12 percent in
Florida and 9 percent nationwide and our country is facing trillion-
dollar deficits, I believe that limited Federal funds are better
invested in NASA's human space flight program, not climate change
research. Doing so will help to put people back to work and stimulate
the economy.
For the last half century, the United States has made a commitment to
human space exploration, creating thousands of jobs and contributing to
the economies of places like central Florida, Texas, Mississippi, and
Alabama.
With the shuttle program winding down and the Constellation program
no longer a priority for this administration, I want the American
people listening today to understand the fear and uncertainty felt by
hardworking families throughout central Florida and the 24th District.
They need to know the great benefits that NASA's human space flight
program has brought to this Nation in the past and how a policy shift
from NASA-administered human space flight to increased research on
potential climate changes would devastate the economy of central
Florida and many other regions of our country.
{time} 2300
The facts are that in Fiscal Year 2010, the President designated $1.2
billion of NASA's total budget towards climate change research. This is
on top of the 16 separate agencies and departments outside of NASA that
spent an additional $8.7 billion on climate change research in the same
fiscal year. Now the President's Fiscal Year 2012 proposed budget
allocates even more funding for this type of research.
As NASA's human spaceflight program hangs in the balance, and the
tens of thousands of jobs the program supports along with it, it is
time for Congress to return NASA's directives and goals back to the
congressional intent and the original agency mission: keeping America
in front as a global leader in space exploration and helping to rebuild
struggling communities in the process.
In closing, I would like to thank Representatives Olson and Posey for
working with me in drafting this amendment, and to Chairman Wolf for
agreeing to work with our offices as the regular Fiscal Year 2012
appropriations process proceeds.
Mr. OLSON. Mr. Chairman, I ask unanimous consent to withdraw the
amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Texas?
There was no objection.
Mr. SCHIFF. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. SCHIFF. I will be very brief since the gentleman withdrew the
amendment.
I am a big fan and supporter of our manned spaceflight program, which
I think has just an extraordinary record of achievement and is
enormously important to our position in the world in terms of our
leadership in science. It is also very important to many of the space
centers around the country in terms of the important jobs that it
provides.
But I don't want to see us rob Peter to pay Paul within the sciences,
to go after the earth sciences budget, which is also critically
important to the Nation's future. When we look at some of the
breathtaking and disastrous weather patterns that we have seen around
the world, whether it was the incredible and tragic flooding in
Australia or that in South America, the ability to understand better
the nature of our climate and climate change is not only
extraordinarily important in terms of saving lives but in terms of
understanding what is happening to our planet.
We also derive a lot of commercial benefits from our investment not
only in earth science but space science as well. These investments pay
enormous dividends in technologies that have become a part of all of
our homes now. So this is investment that I think we want to continue
to make and make strongly.
And while I, again, am a fervent supporter of our manned spaceflight
program, I don't think any one portion of our space budget or science
budget ought to be cannibalizing the other. We do have to make
sacrifices, and we're going to have to scrutinize every program that is
not working well or not efficient, eliminate any waste, eliminate even
programs that are working but not working well enough.
But in terms of our investment in the future, in terms of our
investment in understanding our planet, it would be, I think, very
shortsighted for us to be cutting those budgets and cutting that vital
research.
I thank the gentleman for withdrawing the amendment.
I yield back the balance of my time.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 1336. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Cross Agency
Support'' shall be $3,131,000,000.
(b) The set-asides under the heading ``National Aeronautics
and Space Administration, Cross Agency Support'' in division
B of Public Law 111-117 for center management and operations,
independent verification and validation activities and
projects specified in the explanatory statement accompanying
that Act shall not apply to funds appropriated by this
division.
[[Page H895]]
Mr. LIPINSKI. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. LIPINSKI. I rise today to discuss an amendment that I filed with
Mr. Wu of Oregon but will not be offering. Instead, in a minute, I will
be engaging Chairman Wolf in a brief colloquy.
Our goal is simple: to preserve funding at fiscal year 2010 levels
for two critical National Weather Service programs. We drafted this
amendment because these are two programs that save lives.
Many Americans might not realize it, but the weather forecasts we all
get from the Internet, the Weather Channel, or from local TV or radio
are all built on the raw data provided by the National Weather Service.
These are the same weather reports that are relied upon every day by
emergency responders, pilots, and sailors.
My goal is to protect local warnings and forecast centers around the
country, along with the Severe Storms Center, the National Hurricane
Center, and the Aviation Weather Center. Without these centers, we
wouldn't have daily forecasts or flood warnings, and air travel would
be significantly more dangerous.
The National Weather Service has been essentially flat funded since
1995. Much of their equipment is in need of repair or replacement. As a
country, we simply cannot afford to cut back any further on the service
that saves lives, allows us to plan for and respond to weather
emergencies, and enables air travel. I am concerned about the adverse
impact that this cut could have on essential services.
I understand that my colleague from Virginia, Chairman Wolf, shares
some of my concerns, and I'd like to engage in a brief colloquy on this
topic.
Mr. Chairman, I know that this legislation requires the Department of
Commerce to produce a spending plan that explains how they will
implement these cuts. Would you be willing to work with me to make sure
the plan NOAA produces reflects the important work done by the National
Weather Service and does not adversely affect critical services.
Mr. WOLF. Will the gentleman yield?
Mr. LIPINSKI. I yield to the gentleman from Virginia.
Mr. WOLF. I appreciate the gentleman's concern. He makes a very, very
powerful point. I completely agree with him. These are important
programs, as are many others in the bill, and we will ensure that as we
review the FY 2011 spend plan that all NOAA's important activities are
sufficiently funded.
I also, I might say, have a large weather service presence in my
district and appreciate their hard work, and it's one of the more
important things that NOAA does with regard to the weather.
I thank the gentleman for withdrawing his amendment, and I look
forward and promise to work with him on these issues to resolve it,
that we protect the issues that the gentleman's raising.
Mr. LIPINSKI. Reclaiming my time, I thank Chairman Wolf, and I
appreciate your willingness to work with me on this important issue.
I yield back the balance of my time.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 1337. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Construction
and Environmental Compliance and Remediation'' shall be
$408,300,000.
(b) The set-asides under the heading ``National Aeronautics
and Space Administration, Construction and Environmental
Compliance and Remediation'' in division B of Public Law 111-
117 for science research and development activities,
exploration research and development activities, space
operations research and development activities, and cross
agency support activities shall not apply to funds
appropriated by this division.
Sec. 1338. (a) Transfer limitations for the National
Aeronautics and Space Administration described in the
Administrative Provisions of division B of Public Law 111-117
shall not apply to funds available under the following
headings: (1) ``National Aeronautics and Space
Administration, Aeronautics''; (2) ``National Aeronautics and
Space Administration, Space Operations''; and (3) ``National
Aeronautics and Space Administration, Education''.
(b) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of division B
of Public Law 111-117 and shall not be available for
obligation except in compliance with the procedures set forth
in that section as amended by this division.
Sec. 1339. (a) None of the funds made available by this
division may be used for the National Aeronautics and Space
Administration or the Office of Science and Technology Policy
to develop, design, plan, promulgate, implement, or execute a
policy, program, order, or contract of any kind to
participate, collaborate, or coordinate in any way with China
or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of
enactment of this division.
(b) The limitation in subsection (a) shall also apply to
any funds used to effectuate the hosting of official Chinese
visitors at facilities belonging to or utilized by the
National Aeronautics and Space Administration.
Sec. 1340. Notwithstanding section 1101, amounts are
provided for ``Legal Services Corporation, Payment to the
Legal Services Corporation'' in division B of Public Law 111-
117 in the manner authorized in Public Law 111-117 for fiscal
year 2010, except that for fiscal year 2011 the amounts
specified in division B of Public Law 111-117 shall be
modified by substituting--
(1) ``$350,000,000'' for ``$420,000,000''; and
(2) ``$324,400,000'' for ``$394,400,000''.
Amendment No. 173 Offered by Mr. Cohen
Mr. COHEN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 208, line 14, after the first dollar amount within the
quotes, insert ``(increased by $70,000,000)''.
Page 208, line 15, after the first dollar amount within the
quotes, insert ``(increased by $70,000,000)''.
Mr. WOLF. Mr. Chairman, I reserve a point of order on the gentleman's
amendment.
The Acting CHAIR. A point of order is reserved.
The gentleman from Tennessee is recognized for 5 minutes.
Mr. COHEN. I'm pleased to offer this amendment, of which many members
of the Judiciary Committee have worked on behalf of legal services in
the past. Many members of the Judiciary Committee have championed legal
services over the years, none greater than Bobby Scott, who's been a
member of the committee for some time, and the current ranking member,
Mr. Conyers, Mr. Nadler, Ms. Jackson Lee and others.
Legal services is so important to giving people representation, and
this amendment will restore $70 million that's being cut from the Legal
Services Corporation. That's 17\1/2\ percent of the money legal
services got in the past. Legal services is already woefully
underfunded. If you look at the funding they've gotten over the last 30
years and prorate it, they've been behind in funds for a long time, and
we've tried to make that up in the past years. Right now they turn away
half of all eligible clients who seek assistance. Slashing these funds
would make it even worse. And the fact is, in these dire economic
times, some of the worst we've seen, although they're getting better,
more and more people need legal services.
The housing crisis is not over with, and one of the major areas they
work with is people who are having problems with foreclosures because
of unscrupulous loans that they've been given, and there will be more
and more people losing their homes or potentially losing their homes
needing legal services. And if they don't have legal representation and
they lose those homes, neighborhoods are hurt, individuals are hurt,
and that is a major cost on the economy.
{time} 2310
The executive director of Memphis Area Legal Services, Harrison
McIver, said the cuts would be devastating to Memphis Area Legal
Services, and it would be devastating to their capacity to remain an
effective advocate and resource for low-income individuals with all the
civil legal problems that they may have. It would require laying off at
least five attorneys and taking 725 fewer cases.
Memphis Area Legal Services, as other legal service clinics, help
victims of domestic violence, as well as with protective orders from
abusive partners, as well as assisting folks with foreclosures and
elderly people who have been victimized by predatory lenders. Think
about how many victims of domestic abuse will be in danger without
access to the courts, how many families will become homeless without
this foreclosure assistance, and how many seniors would fall prey
[[Page H896]]
to predatory loans without legal help. How many of our vulnerable
citizens will have the courthouse door closed in their face?
The fact is, Mr. Chairman, that legal services is more needed in dire
economic times than at any other time. And I understand the majority's
positions about saying they were elected to make cuts. They weren't
elected to make cruel cuts that hurt the most vulnerable people in
situations that aren't of their own making, and who fall prey to
predatory lenders or abusive spouses or people who prey on seniors in
abusive ways. This is targeting the most vulnerable people in our
society.
I realize that there isn't an offset on this, and I realize the
reason Mr. Wolf has made his point. I understand, too, somewhat, and
feel a little bit of kinship with the Roman gladiators who, when they
went into the field of combat, told the emperor that, We who are about
to die salute you. And knowing kind of what the situation is, I also
understand that ave imperartor moriture te salutant.
I yield back the balance of my time.
Mr. SCHIFF. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. SCHIFF. I want to speak in support of what my colleague from
Tennessee has said. In the United States, access to justice shouldn't
be available only for those who can afford it.
I think most Americans recognize that we have an out-of-control
deficit and debt, that we need tough action to deal with that, and I
think Americans, irrespective of party, are ready to make sacrifices.
The President's budget I think indicates that there are going to be
some tough days ahead, and there are going to be some of the efforts we
have supported in the past that we can't afford to support anymore.
But at the same time, I think the American people recognize that
there is a lot of waste in government that can be eliminated without
harming people; that a lot of inefficiencies can and must be
eliminated; but they also don't want in these difficult economic times
for our first steps to be to take away vital resources from those who
are most in need or from middle-income families that are trying to stay
in their homes.
One of the reasons why legal services has been so busy in the last
several years is because of the foreclosure crisis, where many who are
being forced out of their homes who can't afford counsel have nowhere
to turn and have increasingly turned to legal services for help in
trying to get them to stay in their home.
Imagine what we are telling those families that are struggling to
stay in their homes that we are now going to defund the lawyer that's
been helping them. I don't think that's where we need to go in order to
balance our budget.
Legal Services Corporation is the largest funder of legal services
for low-income Americans and for the growing population of Americans
who have no income because they can't find work. Legal Services helps
ensure representation before courts and is available to all Americans
no matter what their income, their station in life, or what their
circumstances happen to be.
LSC-funded programs help single women trying to keep their families
together, victims of domestic violence, elderly Americans trying to
avoid foreclosure, and an increasing number of veterans arriving home
from service in Iraq and Afghanistan who are unable to find jobs.
Federal funding for LSC makes up only 40 percent of the operating
income of those programs. The rest comes from State funding, support
from the private bar, and funds from lawyer trust accounts; but the
economy that is sending more people to the door of legal aid offices
than at any time in history has also sapped those other sources of
funding. The CR cuts legal services to the poor by $70 million. That's
a 17 percent cut compared to the current level.
Again, there is no question we need to find savings in the budget,
and we are and we will, and we stand ready to work with our colleagues
across the aisle to fund cuts that make sense. But to make a drastic
cut to a program at a time that it is keeping people in their homes and
where people are struggling most is not the most propitious place to
find savings.
I yield back the balance of my time.
Mr. WOLF. I continue to reserve my point of order.
Mr. SCOTT of Virginia. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman from
Tennessee for offering the amendment and the gentleman from California
for his remarks.
Legal Services Corporation programs are forced to already reject over
half the cases that come before them. This cut found in the CR only
makes matters worse by requiring the firing of hundreds of Legal
Services Corporation attorneys.
Mr. Chairman, our justice system promises fairness to all litigants;
but when people are unable to afford a lawyer, they are vulnerable to
being ripped off in consumer transactions, vulnerable to unnecessary
evictions, or unable to afford a divorce or resolve child custody
disputes.
Mr. Chairman, we need to make sure that justice is more than just an
idea. One Supreme Court Justice suggested that the kind of justice one
gets should not depend on the amount of money they have. Two months
ago, we passed a tax cut that gave significant tax relief to
multimillionaires. It would be tragic if Legal Services Corporation
funding for legal aid lawyers was cut to help pay for those tax cuts to
multimillionaires.
Mr. Chairman, the Legal Services Corporation needs to be fully
funded. We should defeat this CR and come up with a continuing
resolution that fully funds the Legal Services Corporation. Again, I
thank the gentleman from Tennessee and the gentleman from California.
I yield back the balance of my time.
Mr. WOLF. I continue to reserve my point of order.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. You know, if you stay around here long enough, you see
very interesting things happen.
As I look at my friend--and when I say ``my friend,'' I really mean
that, Mr. Wolf, and I think of the chairman of the full committee, Mr.
Rogers, I am reminded of the fact of two very interesting things. One,
that it was Mr. Wolf and I, and Mr. Rogers and I, who made sure during
some very difficult years a long time ago that the Legal Services
Corporation would stay alive and grow and strengthen itself and support
those who needed help in our community. As I said, if you stay around
long enough, then you see the other side, which is the same folks
accepting a cut that would devastate this agency.
The other irony is, as I said so many times years before when I was
the ranking member on this committee and some folks would try to cut
it, that this was President Nixon's baby. This was one of the
highlights, I believe, of his career, that he felt that every American
had the right to legal representation.
So in the times that we are in and with the desire of some folks to
go after certain agencies, the Legal Services Corporation becomes a
good target; but it indeed is a bad target to go after, because as we
hear more and more talk about protecting, supporting, and keeping the
Constitution alive, what better show than to allow folks legal
representation?
When we say life, liberty, and the pursuit of happiness, all that has
certain meaning to me, and it has certain meanings to all of us; but at
the center of that may be the ability to have representation and to
have your day in court. There are folks that can't afford a lawyer, and
the Legal Services Corporation has helped them.
Now, mind you, throughout the years folks like myself have accepted
the fact that they have great limitations placed on them. There are a
lot of things they can't do, but there are still a lot of good things
that they can do.
So I would hope we could support this amendment; but more than that,
I would hope that as we look, sadly, forward to this massive behavior
of cuts across the board, that we realize that there are some basic
needs and basic
[[Page H897]]
protections that we need. This is one of them. And this is a sad day,
indeed, when I see so many of us who worked to preserve the Legal
Services Corporation now engaged in seeing, perhaps, its demise.
I yield back the balance of my time.
{time} 2320
The Acting CHAIR. Does the gentleman from Virginia continue to
reserve his point of order?
Mr. WOLF. I do, Mr. Chairman.
Ms. JACKSON LEE of Texas. Mr. Chairman, I move to strike the
requisite number of words.
The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. JACKSON LEE of Texas. Thank you very much, Mr. Chairman.
I had intended to offer an amendment similar to the gentleman from
Tennessee's that strikes the elimination of $75 million. Rather than do
that, I am going to join in support of the gentleman from Tennessee's
amendment. Mine was striking the full $75 million that was being taken
from the Legal Services Corporation.
Earlier today I was on the floor explaining what a continuing
resolution is, because I know more than my colleagues are listening.
What would actually happen if this cut was to go through is, frankly,
that the services to the poor, meaning cases who are now in court,
cases that are proceeding, would be suspended in air. Frankly, you
would deny justice to those who have begun to get some relief. This cut
will impact 136 nonprofit Legal Services offices. It will frankly cut
300 Legal Aid attorneys; 136 offices across America.
This $75 million will stop Mr. and Mrs. Jones in the middle of
representation to save their home. This cut will stop Mrs. Smith from
being able to get relief from a domestic violence situation, because
her lawyer, or that family's lawyer, will be fired. This cut will stop
someone who has been defrauded. Some senior citizen who paid a
contractor to fix their leaking roof in midstream will lose their
lawyer. This is a denial of justice. Having had the privilege today of
visiting the construction site of the Martin Luther King Memorial, it
was interesting that I read these words: ``Injustice anywhere is
injustice everywhere.'' And for us to cut the very framework of the
Constitution that calls for justice, I believe, is something that
should halt us on the very floor of this House and we should
immediately accept the amendment without the point of order and allow
these individuals to have the ability to be served. Frankly, this is
beyond the imagination of any of us. The board chairman, John G. Levi,
of the Legal Services board said, ``Justice is a hollow promise without
the Legal Services Corporation.'' He is absolutely right.
And as I indicated, I, too, wanted to strike the elimination of $75
million from the Legal Services Corporation, but the greater insult is
the fact that work that is proceeding as we speak would be eliminated:
300 lawyers, 136 nonprofit offices and how many hundreds upon hundreds
and maybe thousands of clients who would not have the opportunity to be
served.
So I would ask my colleagues to consider what we do here in this
place and to consider what a continuing resolution will do midstream
similar to the point I made earlier about resources that could be taken
from the section of the Department of Justice that would enforce the
Voting Rights Act. It means that you would stop cases dealing with the
enforcement of the right to vote. Let us not deny justice tonight. I
would ask my colleagues to support the adding back of the $70 million
to the Legal Services Corporation.
Point of Order
Mr. WOLF. Mr. Chairman, I must insist on my point of order.
I wanted to just say, I appreciate the comments of the gentleman from
New York (Mr. Serrano) and the Members on the other side of the aisle.
I share many of his concerns. However, as the gentleman knows, there is
not an offset to this bill and the amendment proposes a net increase in
budget authority in the bill. The amendment is not in order under
section 3(j)(3) of House Resolution 5, 112th Congress, which states,
``It shall not be in order to consider an amendment to a general
appropriations bill proposing a net increase in budget authority in the
bill unless considered en bloc with another amendment or amendments
proposing an equal or greater decrease in such budget authority
pursuant to clause 2(f) of rule XXI.'' The amendment proposes a net
increase in the budget authority in the bill. Therefore, it is in
violation of such section.
I ask for a ruling of the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE of Texas. I respect the chairman and I know that he
has, as the gentleman from New York said, has his own commitment.
I consider this an emergency and would only make the point that
whether or not a point of order could be waived, in light of the fact
that cases that are now in litigation would be in essence left without
representation either for the client or for the case. I consider it a
legal emergency, an emergency dealing with justice questions, and I
would ask that the point of order be waived.
The Acting CHAIR. The Chair is prepared to rule.
The gentleman from Virginia makes a point of order that the amendment
offered by the gentleman from Tennessee violates section 3(j)(3) of
House Resolution 5.
Section 3(j)(3) establishes a point of order against an amendment
proposing a net increase in budget authority in the pending bill.
The Chair has been persuasively guided by an estimate from the chair
of the Committee on the Budget that the amendment proposes a net
increase in budget authority in the bill. Therefore, the point of order
is sustained. The amendment is not in order.
Amendment No. 110 Offered by Mr. Duncan of South Carolina
Mr. DUNCAN of South Carolina. Mr. Chairman, I have an amendment at
the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 208, line 14, after the first dollar amount inside the
quotes, insert ``(reduced by $324,400,000)''.
Page 208, line 15, after the first dollar amount inside the
quotes, insert ``(reduced by $324,400,000)''.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. DUNCAN of South Carolina. Thank you, Mr. Chairman. I won't take
the full time here.
This amendment deals with the Legal Services Corporation, which is a
relic from the Great Society, originally known in the 1960s as the
Office of Economic Opportunity Legal Services, and later renamed.
Folks, let me remind you that we have a trillion-and-a-half-dollar
deficit spending and we have $14 trillion in debt. We can't afford to
keep paying for liberal trial lawyer bailouts like the LSC. This is low
hanging fruit if we are serious about cutting spending in this body.
This is exactly the kind of program that we would be cutting if we had
a Byrd-style committee in place. That's why we need to pass House
Resolution 82.
This amendment effectively zeros out the LSC, allowing only a small
amount for agency audits to continue. This cut is in the DeMint-Jordan
Spending Reduction Act, which would eliminate the program entirely.
A number of groups have advocated for the abolition of the LSC. Human
Events describes the LSC as one of the top 10 ``most outrageous
government programs.'' Stephen Moore of the Wall Street Journal calls
LSC ``a slush fund for special interests.'' And the Americans for
Limited Government's Bill Wilson says: ``This corporation just serves
as the legal arm for left-wing causes and should be abolished.''
In noting the LSC's penchant for taking cases it has been
legislatively barred from being involved in, the Heritage Foundation
declares: ``Obviously, if LSC would stop wasting funds representing
people it isn't supposed to, it would have more money to spend
representing needy people.''
Americans for Tax Reform calls LSC ``ineffective'' and notes that
their ``services are duplicated by State and private agencies.''
And just recently, the Cato Institute notes that the LSC ``too often
uses tax dollars for lobbying and other political advocacy activities''
and adds that the LSC ``should be abolished.''
[[Page H898]]
I go back to the amount of debt that we have in this Nation and the
deficit spending that we have in this fiscal year. Again, this is low
hanging fruit and if we are serious about cutting spending, this is an
easy one for us to deal with.
I yield back the balance of my time.
{time} 2330
Mr. SCHIFF. Mr. Chairman, I rise in strong opposition to this
amendment and move to strike the last word.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. SCHIFF. We can have reasonable debates about the deficit
situation and the actions that should be taken, but I don't think the
hyperbole that we are hearing is adding to the quality of the debate.
When the Legal Services Corporation is described as a ``trial lawyer
bailout,'' I think it shows a total misapprehension of what Legal
Services does.
For many Americans, tens of thousands of Americans who are at risk of
having their house foreclosed out from under them, seeking assistance
from Legal Services to stay in your home, that is not a trial lawyer
bailout. I don't think people who go to Legal Services because they
can't afford an attorney and desperately want to stay in their home
feel like they are giving some sort of bailout to trial lawyers when
they go to the neighborhood Legal Services and ask for help to stay in
their home.
It also has been described as some kind of a bastion for left-wing
causes. I don't think it is a left-wing cause to want to help people
stay in their house. I don't think it is a left-wing cause when you
have veterans coming back from Iraq and Afghanistan who need mental
health services and need the advice of counsel and need the help of
counsel to get services they are entitled to. I don't think that is a
left-wing cause.
I don't think it is a right-wing cause to want to foreclose on
someone, and I don't think it is a left-wing cause to want to keep them
in their home. I think, frankly, this ought to be all of our cause,
that people through no fault of their own who are hardworking but have
lost their job as a result of the economy or lost part of their income
as a result of the economy and need help to stay in their home, and
this is the only place they can get it, the only place they can afford
a lawyer, and anyone who has tried to hire a lawyer knows how expensive
that is, I don't think that is a left-wing cause, and I just don't
think it sheds much light on the debate.
Are there things that can be cut? Yes. Is the President's budget
cutting them? Yes. Are there more cuts we are going to have to find?
Yes. But let's speak frankly about what this organization does and what
it doesn't do. And if my colleagues have issues to take with a
particular Legal Services branch in a particular city, then we should
take that cause in our committee, the Commerce, Justice, Science
Committee, with our chairman, Mr. Wolf, and do oversight to make sure
that LSC funds aren't being used to lobby Congress, to make sure that
only for permissible purposes are funds being used in LSCs around the
country.
The LSCs I think over the last several years have done
extraordinarily well under that oversight, and that oversight needs to
continue. And where LSCs can operate more efficiently, they are going
to have to, because it is not just a problem in terms of the Federal
budget, but all the States are cutting back as well.
But I don't think we can really get to the heart of where we can
afford to make cuts, where the cuts will inflict the least pain, if we
are going to pejoratize the service of a lot of hardworking lawyers out
there who work for Legal Services, many of whom offer their services
pro bono, who get no compensation whatsoever for the work they provide,
and try to demean them by saying this is a trial lawyer bailout.
I yield back the balance of my time.
Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Virginia is recognized for 5
minutes.
Mr. WOLF. I won't go into great length about it. The very fact that
the President has failed to address the issue of entitlements, has
walked away from his own commission, the Bowles-Simpson Commission that
had the support of Senator Coburn and Senator Durbin, leads you to
activity like this. Many times Members are frustrated to deal with this
issue.
We have $14 trillion of debt, and in the statement I gave on the
floor several weeks ago, I said had I been a member of the commission,
I would have voted for it. I think it was a missed opportunity. I also
said that failure to address the issue of dealing with Medicare and
Medicaid and Social Security will unfortunately result in many times
the poor being hurt. In the Bible it says in Proverbs when you give to
the poor, you loan to God, and I am sensitive to that. But the very
fact that the administration, the President appoints the commission,
comes out at a big press conference, and then walks away from it, leads
you to some activity like this.
This would wipe out Legal Services, so I strongly urge Members to
oppose the amendment, and I urge Members to contact the White House and
ask them to support entitlement reform in the Simpson-Bowles package.
Mr. SCHIFF. Will the gentleman yield?
Mr. WOLF. I yield to the gentleman from California.
Mr. SCHIFF. I appreciate your yielding, Mr. Chairman, and I agree
with you.
First of all, I appreciate your opposition to the amendment. The big
entitlement programs are going to have to be addressed, and what we are
doing here in dealing with this small piece of the Federal budget pie,
that is, domestic discretionary spending, there is no way we can find
enough savings to make a real dent in the magnitude of our deficit and
debt. That has to be done. I can understand your frustration about it.
It is a frustration I think we all share.
I think the difficulty, frankly, that the administration is having is
probably the same difficulty that the majority is having, and that is
whoever puts the proposal on the table first gets their head taken off.
I think probably the only way to get to ``yes''--and there is no way we
are going to be able to reform the entitlement programs in a partisan
way; it has to be done in a bipartisan way--is frankly if both parties
can come together and put something on the table together. I think that
is what is going to have to happen.
But you are right, there is no way we are going to make even a small
dent in things until we have that bigger, more important conversation.
Mr. WOLF. Reclaiming my time, I believe that if President Reagan were
President of the United States today, he would provide the leadership,
because he did in saving Social Security. It was the Greenspan
Commission, and he worked with them in a bipartisan way. I think if we
had a President like Ronald Reagan, we would be resolving these issues.
With that, I urge opposition to the amendment.
I yield back the balance of my time.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. SERRANO. The last thing I want to do is prolong this debate this
evening. It is getting late. But I think what is happening with these
budget cuts, under the disguise of budget cuts, is that we are
discussing some very serious issues, and at times we use words or
phrases that should not go unchallenged.
So, first of all, I want to thank the chairman of the subcommittee
for his opposition to the amendment, because he has got a history of
being supportive. And he is a fiscal conservative. He knows that he
wants to go after waste and high expenses and programs that don't
function well. But he also has always had a belief that the person who
may not have the most resources in this society should be given a shot
at being protected.
I want to join Mr. Schiff in that we have to continue to be careful.
To say that this is a trial lawyers' bailout, when we in fact have had
incredibly serious bailouts in the last couple of years, that is a bad
statement to make.
I am old enough to remember President Nixon, and I don't remember
that he went around creating left-wing causes or left-wing programs.
Again, I
[[Page H899]]
repeat, and it bears repeating, this was his creation. Because within
that complex human being known as Richard Nixon, there were a couple of
things that were very interesting to analyze, and one of them was his
fundamental belief that everyone in this country needed the ability to
be represented and represented properly.
Now, what is ironic is, the same folks who would destroy the Legal
Services Corporation will not utter a word as we continue to protect
people in this society gaining more power and more wealth and never
needing a Legal Services lawyer for one of their issues, one of their
cases.
So as we look at these cuts, as we look at this desire to bring down
the deficit, as we do all these things that I think on a bipartisan
basis we believe have to be done, we also have to pay attention to the
fact that we can't destroy that which is fundamentally sound in our
society. Cut here and there, I understand that. That train left the
station a long time ago. Destroy it? Totally wrong.
Lastly, not to repeat myself, you can't on one hand claim that we
need to protect more than ever the Constitution, and tell somebody with
a home being foreclosed that can't afford a lawyer that they can't get
any assistance. This is the wrong way to go, and I really hope this
amendment is defeated and defeated soundly.
I yield back the balance of my time.
{time} 2340
Ms. JACKSON LEE of Texas. Mr. Chairman, I move to strike the last
word.
The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. JACKSON LEE of Texas. Mr. Chairman, I appreciate the fact that
the gentleman from Virginia has opposed this; but I just wonder whether
or not there's any shame when it comes to literally gutting the Legal
Services Corporation some $324 million and practically eliminating any
opportunity for justice. I just want to repeat some of the words that
were offered: slush fund for special interests, lobbying, and political
activities.
We spent some time in the 1990s on the Judiciary Committee looking
closely at the Legal Services Corporation and, frankly, gave generous
oversight on some of the issues that might have suggested that there
were other activities going on. When the Legal Services Corporation
non-profits come from around the Nation, you are seeing members of the
bar who are from major law firms, major leaders in the community who
are on the boards of these particular services, local offices, and they
have the highest standard of legal excellence that they try to portray
and therefore try to encourage as relates to the representation of poor
people. My brother-in-law, to his death, was a legal services lawyer in
New York. Not one time did I see him or hear of him doing anything
other than attempting to do justice for people who could not achieve
such.
I, frankly, believe when you talk about a continuing resolution, make
it very clear: it is stopping programs in the middle of operation. It
is closing 136 offices in midstream. It is laying off 300 lawyers in
the middle of litigation that they are pursuing to keep Mrs. Jones in
her home and to keep an elderly person who's been defrauded by an
unscrupulous contractor simply trying to fix an old home. She has no
other options sometimes than a legal services lawyer. So I hope that we
will see less of this.
Might I just say it's interesting that we have a difference of
opinion. Frankly, I don't think the President has walked away from any
Financial Commission report. The majority in this House has every
opportunity to present their cuts to entitlement and to begin the
discussion. The President has not indicated he is not interested. But
while we recognize that this House is a revenue-generating House and,
therefore, with the responsibility now in the hands of Republicans, it
is appropriate for the chairman of the Budget Committee and others to
present their proposal for such.
The President's budget cuts the debt. The President's budget has
strength in going forward; but it has a purpose: competitiveness;
morality; and, of course, to rebuild America. I'm waiting on the
Republicans to present their proposal, and I'm sure that we will look
closely and be able to work in a bipartisan manner. But I would
vigorously oppose any cuts of this measure at all to the Legal Services
Corporation, which is a mark for justice in this country.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from South Carolina (Mr. Duncan).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. DUNCAN of South Carolina. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from South
Carolina will be postponed.
The Clerk will read.
The Clerk read as follows:
Sec. 1341. Section 505(a)(1) of division B of Public Law
111-117 is amended by inserting ``, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds'' before the
semicolon.
Sec. 1342. Of the funds made available for ``Department of
Commerce, Bureau of the Census, Periodic Censuses and
Programs'' in division B of Public Law 111-117,
$1,740,000,000 is rescinded.
Sec. 1343. Of the unobligated balances available for
``Emergency Steel, Oil, and Gas Guaranteed Loan Program
Account'', $48,000,000 is rescinded.
Sec. 1344. Of the unobligated balances available to the
Department of Justice from prior appropriations, the
following funds are rescinded, not later than September 30,
2011, from the following accounts in the specified amounts:
(1) ``Office of Justice Programs'', $42,000,000; and (2)
``Community Oriented Policing Services'', $10,000,000.
TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
Sec. 1401. All of the provisos under the heading ``Corps
of Engineers--Civil, Department of the Army, Construction''
in the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1402. The proviso under the heading ``Corps of
Engineers--Civil, Department of the Army, Mississippi River
and Tributaries'' in the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (Public Law 111-85)
shall not apply to funds appropriated by this division.
Sec. 1403. The fifth proviso (regarding the San Gabriel
Basin Restoration Fund), seventh proviso (regarding the Milk
River Project) and eighth proviso (regarding the Departmental
Irrigation Drainage program) under the heading ``Department
of the Interior, Bureau of Reclamation, Water and Related
Resources'' in the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1404. All of the provisos under the heading
``Department of Energy, Energy Programs, Energy Efficiency
and Renewable Energy'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by
this division.
Sec. 1405. All of the provisos under the heading
``Department of Energy, Energy Programs, Electricity Delivery
and Energy Reliability'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by
this division.
Sec. 1406. The proviso under the heading ``Department of
Energy, Energy Programs, Nuclear Energy'' in title III of the
Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1407. The second proviso under the heading
``Department of Energy, Energy Programs, Fossil Energy
Research and Development'' in title III of the Energy and
Water Development and Related Agencies Appropriations Act,
2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1408. All of the provisos under the heading
``Department of Energy, Energy Programs, Science'' in title
III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1409. The thirteenth proviso (regarding Commission
funding) under the heading ``Department of Energy, Energy
Programs, Nuclear Waste Disposal'' in title III of the Energy
and Water Development and Related Agencies Appropriations
Act, 2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1410. All of the provisos under the heading
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Weapons
Activities'' in title III of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this
division.
[[Page H900]]
Sec. 1411. The proviso under the heading ``Department of
Energy, Atomic Energy Defense Activities, National Nuclear
Security Administration, Defense Nuclear Nonproliferation''
in title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1412. All of the provisos under the heading
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Office of the
Administrator'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by
this division.
Sec. 1413. The proviso under the heading ``Department of
Energy, Atomic Energy Defense Activities, Environmental and
Other Defense Activities, Defense Environmental Cleanup'' in
title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1414. The proviso under the heading ``Department of
Energy, Atomic Energy Defense Activities, Environmental and
Other Defense Activities, Other Defense Activities'' in title
III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1415. The fifth proviso under the heading
``Department of Energy, Power Marketing Administrations,
Construction, Rehabilitation, Operation and Maintenance,
Western Area Power Administration'' in title III of the
Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply
to funds appropriated by this division.
Sec. 1416. Sections 105, 106, 107, 110 through 125, 205
through 211, 502, and 506 of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this
division.
Sec. 1417. In addition to amounts otherwise made available
by this division, $50,000,000 is appropriated for
``Department of Energy, Energy Programs, Advanced Research
Projects Agency--Energy''.
{time} 2350
Amendment No. 192 Offered by Mrs. Biggert
Mrs. BIGGERT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 213, line 19, after the dollar amount insert
``(reduced by $50,000,000)''.
Page 359, line 8, after the dollar amount insert
``(increased by $50,000,000)''.
The Acting CHAIR. The gentlewoman from Illinois is recognized for 5
minutes.
Mrs. BIGGERT. Mr. Chairman, my amendment would cut funding for the
Advanced Research Projects Agency--Energy, commonly known as ARPA-E, by
$50 million, and it would put that funding towards deficit reduction.
For my colleagues who know me, they know it is not easy for me to cut
funding for energy research. I have always maintained that there are
two priorities I believe in and will continue to promote in Congress.
Energy R is one of them. I believe the greatest investments we can
make to secure our economic competitiveness are those investments that
cultivate scientists and engineers of the future and provide the
research infrastructure from which they can innovate and create jobs.
ARPA-E was first proposed in 2005 in the distinguished report
entitled, ``Rising Above the Gathering Storm.'' Modeled on DARPA, ARPA-
E was recommended along with dozens of recommendations designed to spur
scientific investment. These recommendations were authorized as a part
of the first America COMPETES Act of 2007 and reauthorized again last
year.
Despite my strong support and leadership for COMPETES and its
programs, I have had concerns about ARPA-E since inception. As a senior
member of the Science, Space, and Technology Committee, our minority
views on the President's fiscal year 2010 budget accurately reflect my
sentiment:
``Those of us in opposition to ARPA-E maintain the view that creating
a new agency to do work that is currently being done at the DOE is not
a justified use of the limited funds available to the Department, and
we support the Department's previous decision to not establish ARPA-E
but to engage in ARPA-E-type projects within the current DOE
structure.''
Most importantly, I have always believed that ARPA-E threatens to
divert resources from the DOE's Office of Science, the largest
supporter of basic research. That is why I secured language through
COMPETES 2007 that would prohibit funding for ARPA-E unless the Office
of Science is fully funded. I felt this was the most productive way to
move forward with the ARPA-E concept and to prevent duplication or
competition with other DOE programs. However, when we reauthorized
COMPETES last year, this language was not included; and, unfortunately,
my attempts to limit ARPA-E appropriations were unsuccessful.
In supporting my concerns about spreading resources too thin, now-
Secretary Steven Chu said the following of ARPA-E in testimony before
the Energy subcommittee in 2006: ``In funding ARPA-E, it is critical
that its funding not jeopardize the basic research supported by the
Department of Energy's Office of Science. The committee's
recommendations are prioritized, and its top recommendation in the area
of research is to increase the funding for basic research by 10 percent
per year over the next 7 years.''
Mr. Chairman, were it not for the 2009 American Recovery and
Reinvestment stimulus bill, ARPA-E would never have been funded. I urge
my colleagues to join me in cutting ARPA-E funding and in rejecting
duplication and stretched resources.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
gentlewoman's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. We are here to follow through on our pledge to
right-size the government, and I appreciate my colleague's amendment
for that reason. However, in addition to enacting historic reductions
in spending in the CR, we are also committed to an unprecedented level
of oversight to ensure that every dollar spent by the Federal
Government is, indeed, well spent.
My colleague's amendment would virtually eliminate the Advanced
Research Projects Agency--Energy, or ARPA-E, as we call it. This
relatively new program is getting positive early results for its strong
management, for its ability to execute, and for its focus on American
competitiveness.
We certainly can and must debate which programs are the most worthy
of taxpayers' dollars and which we should terminate, but the debate to
end a potentially promising initiative to increase funds for another
Federal program, as this amendment does, must be thoroughly considered
in more than 5 or 10 minutes.
I and the committee would be happy to work with my colleague in the
fiscal year 2012 process to ensure the proper and thorough oversight
and evaluation of this program. However, I must regretfully oppose her
amendment.
I yield back the balance of my time.
Mr. PASTOR of Arizona. Mr. Chairman, I move to strike the requisite
number of words.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PASTOR of Arizona. I join the chairman in his opposition to this
amendment.
Mr. Chairman, it is a promising program that already has provided not
only research but the taking of the research, the finding of private
capitalization, and the developing of products that can go forward.
One of the problems that we have found in the past for many years is
that the Department of Energy has sometimes great problems in doing the
basic research or in funding basic research. It has a difficult time
getting out to find capitalization and then in being able to
commercialize it.
ARPA-E is a process that is small but big in talent which is able to
take innovative ideas and is able to research and take them to the next
step with private capitalization. It is a program that takes public
investment and increases the investment by the private sector. The
outcome is the innovation of products, new employment, and new jobs. It
is the way to transform the Department of Energy to make it more
effective, and it would be a great loss to zero fund it at this time.
I yield back the balance of my time.
Mrs. CAPITO. Mr. Chairman, I move to strike the requisite number of
words.
The Acting CHAIR. The gentlewoman from West Virginia is recognized
for 5 minutes.
[[Page H901]]
Mrs. CAPITO. Mr. Chairman, I rise in support of the gentlewoman's
amendment, although I had an amendment that was to follow this
amendment which sought to grab $47 million from the ARPA-E program to
fund a jobs program to restore the clean coal research dollars that are
stricken in this continuing resolution.
My amendment would have restored funding to the DOE's Fossil Energy
Research and Development program to maintain our commitment to domestic
coal and natural gas, which powers our Nation. It protects our
environment and enhances our energy independence.
Certainly, in being from the State of West Virginia, this is a jobs
issue for us. Our coal industry is under serious attack in this
administration, both from the regulatory perspective and from other
environmental areas. We realize that 50 percent of the Nation's energy
is powered by coal. In order to use that most abundant resource that we
have in our Nation, we need to find ways to burn it cleaner and mine it
more efficiently.
For more than a quarter of a century, Fossil Energy Research has
converted taxpayer investment into high-tech advances that in some ways
touch every single American's life. Fossil Energy is finding and
testing new ways to use coal more cleanly and efficiently by producing
energy from coal gasification and by improving technologies to clean,
capture, or store the emissions from coal-fired power plants. Over
1,000 American pioneers are doing research in this area, many of them
located in our State of West Virginia at the National Energy Technology
Laboratory in Morgantown, West Virginia.
{time} 0000
The Morgantown facility is the only national laboratory devoted to
fossil energy research. So while I'm unable to offer my amendment to
strike $47 million from the ARPA-E program and restore the $30.6
million into the clean coal research program, I did want to take this
opportunity to emphasize the feeling that I have of how important it is
for us to move forward in a bold and technologically superior way to
find a way to use our most abundant resource.
The advanced research projects happening at Fossil Energy now will
help keep clean, affordable energy from our traditional few resources
as an integral part of our energy supply while we innovate and research
our way to those new energy resources.
Mr. BROUN of Georgia. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Mr. Chairman, I rise in support of the
gentlewoman from Illinois' amendment which would strike funding for
ARPA-E within the Department of Energy.
There is little disagreement in Congress on the importance of
fundamental advances in energy technologies to America's future
economic and national security. It is a priority that we all share. The
challenge lies in how best to structure the Federal Government's
involvement in energy research and development to maximize use of
limited resources.
Republican Members on the Committee on Science, Space and Technology
have had serious reservations regarding the appropriateness of ARPA-E
since it was first debated in the 110th Congress. A primary concern was
that ARPA-E would focus on late-stage technology development activities
that the private sector was already addressing, and we've seen that
happen.
While language was incorporated into ARPA-E's authorizing statute
directing the agency to only support ``technological advances in areas
that industry by itself is not likely to undertake because of technical
and financial uncertainty,'' there are numerous instances of ARPA-E
awards that indicate the agency is not following these guidelines,
instead providing funding to companies that are already actively
pursuing development of the technology area for which they are
requesting funding. This is a serious issue--taxpayer funding for R
should only go toward areas that are too risky for private investment.
Due to these concerns, Mr. Chairman, I along with Chairman Hall,
chairman of the Science, Space and Technology Committee, have requested
that the Government Accountability Office undertake a study to review
and report on the extent to which this problem is occurring with
respect to other awards. At least until this study is completed and
Congress has had an opportunity to consider its findings, ARPA-E should
not receive additional taxpayer money, especially in this current
environment of fiscal disaster that we're headed towards.
I urge support for the gentlelady's amendment.
The Acting CHAIR (Mr. Chaffetz). The question is on the amendment
offered by the gentlewoman from Illinois (Mrs. Biggert).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mrs. BIGGERT. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Illinois
will be postponed.
Amendment No. 395 Offered by Mr. Inslee
Mr. INSLEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 213, line 19, after the dollar amount insert
``(increased by $20,000,000)''.
Page 217, line 13, after the dollar amount insert
``(reduced by $20,000,000)''.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. INSLEE. Mr. Chairman, we have a simple amendment that will help
restore two principles to our budget: one is innovation, and two is
balance. What our amendment would do would be add $20 million to the
ARPA-E account. It would be fully paid for with a balance taken out of
the fossil fuel research account, and this is important for two
fundamental reasons.
Our Nation's economic performance will live or it will die on the
ability to innovate a new clean energy technology; and today, tonight,
when we're speaking, the Chinese are investing $786 billion in the
development of new clean energy technologies. Yet, what does this CR do
to our advanced clean energy research budget? It cuts it by 85 percent.
While the Chinese are racing ahead on clean energy, we're running
backwards 85 percent in ARPA-E, which has tremendous potential in solar
energy, in efficient, enhanced geothermal and new efficiencies in
electric storage, in high-capacity grid systems. This is our seed corn
of innovation, and yet we have slashed it 85 percent in this CR. We are
simply asking to reduce that cut to about 65 percent and add $20
million.
Now, let me put this in context. That is the innovation part of this
agenda; and for those who are critical of ARPA-E, let me suggest, in
the first year of this operation, in the first year, it has attracted
six private equity investments for $23 million of Uncle Sam's
investment of $100 million that has been leveraged for private equity
investment. This program has some promise, and we are cutting off tiny
little crumbs to cut off the innovation budget for clean energy. It's a
huge mistake.
Now, balance, here's where the balance part comes in. We want to pay
for this, obviously. We don't want to create further deficit spending
on this program. In the fossil fuel research budget, we've cut that 17
percent, and it's 10 times larger than the ARPA-E budget. That is
wildly out of balance where we cut ARPA-E. Instead of 17 percent, we
cut it 85 percent. Fossil fuels, we've got $556 million in research.
For ARPA-E, we've got 50 million unless we adopt the Inslee amendment.
So I would encourage us to get in the game of competing with China.
Now, I was talking to former Governor Ted Strickland tonight about a
company called Willard & Kelsey, WK Solar Group, a company that's
developed a new way of manufacturing solar cells using a horizontal
manufacturing project, much more efficient, quicker manufacturing. If
we don't start developing these technologies, the Chinese are going to
have us for lunch, and this is a small thing that the payoffs could be
dramatic. We'd encourage more innovation, and we'd encourage more
balance for the future.
We recommend this amendment.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition.
[[Page H902]]
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, the gentleman's amendment adds, as
we know, $50 million for ARPA-E while cutting funding for the fossil
energy program. The Energy and Water portion of this bill strikes a
careful balance between national security, American competitiveness,
and the grave responsibility of deficit reduction. As written, this
bill provides sufficient funding to keep ARPA-E operational and active
in fiscal year 2011 while we thoroughly evaluate the program and its
future in the fiscal year 2012 appropriations process.
ARPA-E has shown some promise in advancing our competitiveness; but
in the light of the tough tradeoffs we've had to make in this bill--and
indeed, they've been tough--I can't support further increased funding
for ARPA-E before we've had a broader discussion of the new program.
Further, to achieve this bill's historic levels of spending
reduction, the bill has struck a finely tuned balance of support across
programs within the Department of Energy. The amendment would reduce
funding for fossil energy research and development. The program cut by
the amendment ensures not only that fossil energy which generates
nearly 70 percent of the Nation's electricity is clean and efficient
but that it uses technologies invented in America and creates jobs here
at home. Yet, because reducing spending is our top priority, all
programs must sacrifice, and the bill cuts fossil energy, research and
development well below the 2010 mark and 21 percent below fiscal year
2008.
{time} 0010
Further reductions to fossil energy can be damaging to the program's
important goals and may lead to excessive job losses. For this reason
and because further increases to ARPA-E are currently unwarranted, I
oppose the amendment.
Mr. INSLEE. Will the gentleman yield for a clarification?
Mr. FRELINGHUYSEN. I yield to the gentleman from Washington.
Mr. INSLEE. I thank the gentleman.
The gentleman suggested that our amendment added $50 million. I know
it was unintentional. We would only ask an additional $20 million. I
just want to make that clear for the record.
Mr. FRELINGHUYSEN. The record is corrected, and you are absolutely
right.
Mr. INSLEE. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Washington (Mr. Inslee).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. INSLEE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Washington
will be postponed.
The Clerk will read.
The Clerk read as follows:
Sec. 1418. Notwithstanding section 1105, no appropriation,
funds, or authority made available pursuant to section 1101
for the Department of Energy or Corps of Engineers, Civil,
shall be used to initiate or resume any program, project, or
activity or to initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 1419. No funds made available by this division or any
other Act may be used by the Nuclear Regulatory Commission to
conduct closure of adjudicatory functions, technical review,
or support activities associated with the Yucca Mountain
geologic repository license application until the Commission
reverses ASLB decision LBP-10-11.
Sec. 1420. Notwithstanding section 1101, the level for
``Independent Agencies, Appalachian Regional Commission''
shall be $68,400,000.
Sec. 1421. Notwithstanding section 1101, the level for
``Independent Agencies, Delta Regional Authority'' shall be
$11,700,000.
Sec. 1422. Notwithstanding section 1101, the level for
``Independent Agencies, Denali Commission'' shall be
$10,800,000.
Sec. 1423. Notwithstanding section 1101, the level for
``Independent Agencies, Northern Border Regional Commission''
shall be $0.
Sec. 1424. Notwithstanding section 1101, the level for
``Independent Agencies, Southeast Crescent Regional
Commission'' shall be $0.
Sec. 1425. The total principal amount for commitments to
guarantee loans for eligible projects (other than nuclear
power facilities and front-end nuclear facilities) under the
heading ``Department of Energy, Title 17 Innovative
Technology Loan Guarantee Authority Loan Program'', in title
III of division C of Public Law 111-8, is hereby reduced by
$25,000,000,000.
Sec. 1426. Of the unobligated balances of funds
transferred to ``Department of the Interior, Bureau of
Reclamation, Water and Related Resources'' for desert
terminal lakes under section 2507 of the Farm Security and
Rural Investment Act of 2002 (43 U.S.C. 2211 note),
$115,000,000 is rescinded.
Sec. 1427. Of the unobligated balances available for
``Corps of Engineers--Civil, Department of the Army,
Mississippi River and Tributaries'', $21,000,000 is
rescinded, to be derived by cancelling unobligated balances
for the Yazoo Basin, Backwater Pump, Mississippi project.
Sec. 1428. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Investigations'' shall be $104,000,000.
Sec. 1429. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Construction'' shall be $1,690,000,000.
Sec. 1430. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Mississippi River and Tributaries'' shall be $239,600,000.
Sec. 1431. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army,
Operation and Maintenance'' shall be $2,361,000,000.
Sec. 1432. Notwithstanding section 1101, the level for
``Corps of Engineers--Civil, Department of the Army, Formerly
Utilized Sites Remedial Action Program'' shall be
$130,000,000.
Sec. 1433. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Reclamation, Water
and Related Resources'' shall be $913,500,000.
Amendment No. 297 Offered by Mr. McClintock
Mr. McCLINTOCK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 216, line 19, after the dollar amount, insert
``(reduced by $1,897,000)''.
Page 359, line 13, after the dollar amount, insert
``(increased by $1,897,000)''.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. McCLINTOCK. Mr. Chairman, this is a poster child for I guess what
could best be described as ``Greens Gone Wild.'' As part of the so-
called Klamath Hydroelectric Settlement Agreement, it is proposed to
use taxpayer funds to tear down four perfectly good hydroelectric dams
on the Klamath that are producing 155 megawatts of the cleanest,
cheapest electricity on the planet--that's enough to power over 150,000
homes--because, we're told, of catastrophic declines in salmon.
When I suggested building a salmon hatchery instead, I was informed
there already is one. It produces 5 million salmon smolt each year,
17,000 of which return to that river as fully grown adults to spawn,
but they are deliberately ignored in the population counts. To add
insult to insanity, as they tear down these dams in the name of saving
the salmon, they are actually tearing down the fish hatchery that
actually is saving the salmon.
This amendment targets the study that is underway to do so. A policy
that is as manifestly insane as this should not require $2 million of
additional funding.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, we are prepared to accept the
gentleman from California's amendment.
Mr. PASTOR of Arizona. I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PASTOR of Arizona. I rise in support.
This amendment simply reduces the water and related resources account
by $1.9 million. Given the limited nature of the amendment, I do not
object to the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. McClintock).
The amendment was agreed to.
The Clerk will read.
The Clerk read as follows:
Sec. 1434. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Energy Efficiency
and Renewable
[[Page H903]]
Energy'' shall be $1,467,400,000: Provided, That none of the
funds made available by this division may be used for the
Weatherization Assistance Program authorized under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.) or the State Energy Program authorized
under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.).
Amendment No. 315 Offered by Mr. McClintock
Mr. McCLINTOCK. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 216, line 23, after the dollar amount, insert
``(reduced by $247,000,000)''.
Page 359, line 8, after the dollar amount, insert
``(increased by $247,000,000)''.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. McCLINTOCK. Mr. Chairman, this amendment saves $247 million by
relieving taxpayers of having to subsidize solar energy research and
development.
I am tempted to point out that solar power is not a new technology.
Photovoltaic electricity generation was invented by Edmond Becquerel in
1836. That was 175 years ago. And in 175 years of continuing research
and development and technological advancement, we have not yet been
able to invent a more expensive way of generating electricity. Yet
we're perfectly comfortable telling our constituents that we're taking
another $250 million from their families to throw at this 175-year-old
technology for no particular reason other than it makes us feel good.
I'm also tempted to point out that not only is this the most
expensive way that we have ever invented to generate electricity, but
it also adds nothing--I repeat, nothing--to our baseline power. Our
electricity systems operate on an integrated grid, meaning that we have
to constantly match the power going onto the grid with the power coming
off the grid. And since there is no way to tell when a cloud passing
over a solar array will immediately drop the output to zero, we have to
construct an equal amount of reliable conventional power to back up
that solar power. In other words, for every kilowatt of solar power we
add to the grid, we also have to pay to add an additional kilowatt of
backup power.
But the principal objection I have is this: This technology was truly
on the verge of a breakthrough. After 175 years, investors would be
tripping over themselves to get a piece of the action.
{time} 0020
If they are, there's no need to subsidize it. And if they're not, we
have no right to force American taxpayers to make investments that no
investor in his right mind would make.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, the continuing resolution before us
enacts historic spending reductions but it does so by striking a
careful balance between deficit reduction and other important goals.
I regret the gentleman's amendment goes far beyond the point of
balance, and thus, I must oppose it.
Mr. Chairman, deficit reduction is the bill's top priority, and our
bill already significantly reduces the Energy Efficiency and Renewable
Energy Account. As written, our bill cuts that account to 35 percent
below current levels and 38 percent, or nearly $900 million, below the
fiscal year 2000 budget request.
Our bill cuts the excess and provides only enough funding to continue
past commitments, leaving little room left to cut.
While I support the intent of the gentleman's amendment, as it aims
to reduce further spending, we must do so responsibly and with a
careful balance among deficit reduction, jobs, and our Nation's energy
security. The gentleman's amendment fails to maintain this balance and
would, to my mind, create undue job losses which would be considerable
and irreversibly damage this particular program.
I yield back the balance of my time.
Mr. PASTOR of Arizona. Mr. Chairman, I move to strike the requisite
number of words.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PASTOR of Arizona. I join the chairman. We need a mix of energy
to gain energy independence. We cannot just rely on the mix of energy
we have today, where 70 percent of our energy is generated through coal
or natural gas.
Rather than sacrifice our future, we should be looking at methods of
closing loopholes for the oil and gas industry.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. McClintock).
The amendment was rejected.
Amendment No. 4 Offered by Tonko
Mr. TONKO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 216, line 23, through page 217, line 4, strike ``:
Provided,'' and all that follows through ``et seq.)''.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. TONKO. Mr. Chairman, I offer this amendment to section 1434 of
the Republican spending bill. The section includes language that bans
funds allocated to energy efficiency and renewable energy from being
used for the weatherization assistance program or the State Energy
Program. This rider has nothing to do with reducing funds; it is a
policy rider. My amount would simply strike that language from this
bill. This amendment does not add a single dollar to the deficit, the
continuing resolution, or energy efficiency and renewable energy
programs. It preserves the Republicans' cuts, though misguided, to
energy efficiency and renewable energy. It merely states that
weatherization and state energy programs remain eligible for funds.
There are many cuts in this bill that we cannot fix for procedural
reasons. And there are many more that Republicans will oppose for
political reasons, but this is something we can save. This amendment
has strong bipartisan appeal. It is about lowering utility bills for
people on the brink. It is about preserving construction, inspection,
and renovation jobs. It is about States rights. It has been a harsh and
unrelenting winter in many parts of America. We should not be leaving
our friends and our neighbors out in the cold.
The State Energy Program is a 30-year old program that provides
resources to states for energy efficiency and renewable energy, and it
works. I know this because I used to run this program for New York
State as the President and CEO of the New York State Energy Research
and Development Authority. For every $1 in funding it yields $7.22 in
annual energy savings. Each $1 in State Energy Program Federal funds is
leveraged by $10.71 of state and private funds. States receiving this
funding are eligible to do energy audits on over 15,000 buildings per
year, including residential, commercial, and industrial properties.
They are also able to renovate over 13,000 buildings per year to be
more energy efficient. Think of it. Energy efficiency as our fuel of
choice.
The other program my amendment addresses is the Weatherization
Assistance Program. Some 38.6 million low-income, elderly, and disabled
households are eligible for renovations to become more energy efficient
and to lower their electric bills. Per household, this program creates
a $437 savings or more in annual utility bills, or about 35 percent off
of a typical utility bill. In 2010 alone, weatherized homes nationally
would have saved some $2.1 billion. The weatherization program
decreases national energy consumption by the equivalent of 24.1 million
barrels of oil annually. For every $1 invested, weatherization returns
$2.51 to the household and our society.
This is an appropriations bill. According to my colleagues across the
aisle, it is a bill with the sole purpose of reducing the deficit, a
noble goal. However, the State Energy Program and Weatherization
Assistance Program rider does not reduce the deficit by 1 cent. It is
not about funding. It is about restricting programs that work and
playing politics as usual.
We should be focused on creating jobs, reducing our dependence on
foreign oil, and innovating for our future.
[[Page H904]]
My amendment restores our ability to do all three without adding a
single cent to this bill. I ask for your support of this amendment.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, while the energy efficiency and
renewable energy program supports research and development important to
American competitiveness, the program has seen a 30 percent increase
since the fiscal year 2008 and received $16.8 billion in stimulus
funding in the Recovery Act. Now is therefore the right time to cut the
fat and replace indiscriminate spending increases with smart
prioritization and oversight.
Two programs within this account, Weatherization Assistance and the
State Energy Program, do not focus on competitiveness and instead pass
funding on to state and local governments. These two programs together
have $4.7 billion in unspent Recovery Act funding and have encountered
substantial management challenges in the last 2 years. And I may say,
substantial.
The bill eliminates funding in fiscal year 2011 for weatherization
and state energy programs whose unspent Recovery Act funding should
sustain it through fiscal year 2011. In fact, at current implementation
rates, which have been incredibly slow, unspent funding would last
through 2012.
The amendment ignores these commonsense facts and the imperative to
reduce spending by moving unneeded funding back into an already bloated
program. I therefore, oppose the amendment and urge Members to do the
same.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Tonko).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. TONKO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
Amendment No. 259 Offered by Mr. Latta
Mr. LATTA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 216, line 23, after the dollar amount insert
``(reduced by $70,000,000)''.
Page 359, line 8, after the dollar amount insert
``(increased by $70,000,000)''.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. LATTA. Mr. Chairman, amendment 259 will cut $70 million from the
Office of Energy Efficiency and Renewable Energy, which I intend to be
removed from the FreedomCAR initiative. Currently, H.R. 1 funds the
Office of Energy Efficiency and Renewable Energy at $1,467,400,000 for
the remainder of fiscal year 2011.
{time} 0030
This amendment would reduce that amount to $1,397,400,000. This
office already received $16.8 billion in stimulus funds, and $2.24
billion was appropriated in fiscal year 2010.
While citizens across the country are struggling to pay their bills,
it would be very difficult to justify not being able to cut $70 million
from this office. With Americans also struggling with higher gasoline
prices and other fuel costs rising, Congress should focus on
legislation that allows us to utilize resources we have available to
drive prices down.
The free market is the best place for technological innovation.
Reducing taxes and eliminating burdensome regulations will allow
private companies to bring new, more fuel-efficient technologies to
market when it becomes cost effective.
With a forecasted deficit of $1.6 trillion this year and the national
debt scheduled to triple in 10 years, I have serious concerns with
spending more funds on programs that have received massive increases
from stimulus spending. The President released his budget proposal this
week which reflects a pattern of record spending and even higher taxes,
this continued spending of funds that the United States Government does
not have as we continue to borrow from other nations.
During the last session of Congress alone, the President signed into
law over $1.8 trillion in new government spending and over $670 billion
in new job-damaging tax hikes. My $70 million cut will be a small
reduction in an overbloated Federal budget.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, the Energy Efficiency and Renewable
Energy program supports technology, research, and development to keep
America competitive and ensure our access to domestic energy sources.
While these are critically important goals, so too is meeting our
pledge to substantially reduce the Nation's deficit beginning this
year.
Our bill cuts energy efficiency and renewable energy 35 percent below
the current level and 38 percent, or $888 million, below the
President's fiscal year 2011 budget request.
The bill limits funding for programs that are still supported by
unspent Recovery Act dollars. It also eliminates earmarks and slims
down research programs by more than $500 million while preserving core
activities supporting American competitiveness in emerging energy
industries.
After these cuts, there is simply no more fat to trim. Cutting the
program would cost excessive job losses and defaults on past
commitments. While I support the gentleman's efforts to further reduce
spending, this amendment would go too far beyond the careful balance
that we have crafted in this bill.
I and the committee fully intend to exert unprecedented oversight of
this program. So as we move forward, I would be happy to work with the
gentleman as we do; however, I must regret that I oppose his amendment.
I yield back the balance of my time.
Mr. PASTOR of Arizona. Mr. Chairman, I move to strike the requisite
number of words.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PASTOR of Arizona. I join the chairman in opposition to this
amendment.
As I stated before, we need a mix of energy to gain energy
independence. We cannot just rely on the mix of energy that we have
today, where 70 percent of our energy is generated through coal or
natural gas.
Rather than sacrifice our future, we should be looking at methods for
closing loopholes in the oil and gas industry. I am in opposition to
the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Latta).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. LATTA. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Ohio will be
postponed.
The Clerk will read.
The Clerk read as follows:
Sec. 1435. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Electricity Delivery
and Energy Reliability'' shall be $139,000,000.
Sec. 1436. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Nuclear Energy''
shall be $661,100,000.
Sec. 1437. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Fossil Energy
Research and Development'' shall be $586,600,000.
Sec. 1438. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Strategic Petroleum
Reserve'' shall be $138,900,000.
Sec. 1439. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Energy Information
Administration'' shall be $95,600,000.
Sec. 1440. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Non-Defense
Environmental Cleanup'' shall be $225,200,000.
Sec. 1441. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Uranium Enrichment
Decontamination and Decommissioning Fund'' shall be
$513,900,000.
Sec. 1442. Notwithstanding section 1101, the level for
``Department of Energy, Energy
[[Page H905]]
Programs, Science'' shall be $4,017,700,000: Provided, That
of the amount provided by this division for ``Department of
Energy, Energy Programs, Science'', not more than
$302,000,000 shall be for biological and environmental
research authorized under subtitle G of title IX of the
Energy Policy Act of 2005 (42 U.S.C. 16311 et seq.).
Sec. 1443. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Departmental
Administration'' shall be $148,900,000.
Sec. 1444. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Advanced Technology
Vehicles Manufacturing Loan Program'' shall be $9,998,000.
Sec. 1445. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Weapons
Activities'' shall be $6,696,400,000.
Sec. 1446. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Defense Nuclear
Nonproliferation'' shall be $2,085,200,000.
Sec. 1447. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Naval Reactors''
shall be $967,100,000.
Sec. 1448. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Office of the
Administrator'' shall be $407,800,000.
Sec. 1449. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense
Activities, Defense Environmental Cleanup'' shall be
$5,016,041,000, of which $33,700,000 shall be transferred to
the ``Uranium Enrichment Decontamination and Decommissioning
Fund''.
Sec. 1450. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense
Activities, Other Defense Activities'' shall be $773,400,000.
Sec. 1451. Of the unobligated balances from prior year
appropriations available for ``Corps of Engineers--Civil,
Department of the Army, Construction'', $100,000,000 is
rescinded.
Sec. 1452. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Energy Efficiency and Renewable Energy'',
$11,200,000 is rescinded.
Sec. 1453. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Electricity Delivery and Energy Reliability'',
$2,400,000 is rescinded.
Sec. 1454. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Nuclear Energy'', $6,300,000 is rescinded.
Sec. 1455. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Fossil Energy Research and Development'',
$30,600,000 is rescinded.
Sec. 1456. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Naval Petroleum and Oil Shale Reserves'',
$2,100,000 is rescinded.
Sec. 1457. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Clean Coal Technology'', $18,000,000 is rescinded.
Sec. 1458. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Strategic Petroleum Reserve'', $15,300,000 is
rescinded.
Sec. 1459. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Energy Information Administration'', $400,000 is
rescinded.
Sec. 1460. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Non-Defense Environmental Cleanup'', $900,000 is
rescinded.
Sec. 1461. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Uranium Enrichment Decontamination and
Decommissioning Fund'', $10,000,000 is rescinded.
Sec. 1462. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Science'', $7,200,000 is rescinded.
Sec. 1463. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Nuclear Waste Disposal'', $2,800,000 is rescinded.
Sec. 1464. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy
Programs, Departmental Administration'', $11,900,000 is
rescinded.
Sec. 1465. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'',
$45,500,000 is rescinded.
Sec. 1466. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security
Administration, Naval Reactors'', $1,200,000 is rescinded.
Sec. 1467. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security
Administration, Office of the Administrator'', $4,400,000 is
rescinded.
Sec. 1468. Of the unobligated balances from prior year
appropriations available for ``Department of Energy,
Environmental and Other Defense Activities, Defense
Environmental Cleanup'', $11,900,000 is rescinded.
Sec. 1469. Of the unobligated balances from prior year
appropriations available for ``Department of Energy,
Environmental and Other Defense Activities, Other Defense
Activities'', $3,400,000 is rescinded.
Sec. 1470. Of the unobligated balances from prior year
appropriations available for ``Independent Agencies, Delta
Regional Authority'', $6,000,000 is rescinded.
Sec. 1471. Of the unobligated balances from prior year
appropriations available for ``Independent Agencies, Denali
Commission'', $15,000,000 is rescinded.
Sec. 1472. Within 30 days of enactment of this division,
the Department of Energy; Corps of Engineers, Civil; Nuclear
Regulatory Commission; and Bureau of Reclamation shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate a spending, expenditure, or
operating plan for fiscal year 2011 at a level of detail
below the account level.
Sec. 1473. No rescission made in this title shall apply to
any amount previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 1474. None of the funds made available by this
division or prior appropriation Acts (other than Public Law
111-5) for Energy and Water Development may be used to pay
the costs of employment (such as pay and benefits), or
termination (such as severance pay), of any employee of the
Department of Energy who is appointed, employed, or retained
under the authority of, or using funds provided by, Public
Law 111-5, or whose functions or operations (including
programmatic or oversight responsibilities) are substantially
or entirely funded under Public Law 111-5.
Sec. 1475. (a) None of the funds made available by this Act
may be used to implement--
(1) Reasonable and Prudent Action Component 1, Reasonable
and Prudent Action Component 2, or Reasonable and Prudent
Action Component 3 described in the biological opinion for
the operations of the Central Valley Project and the
California State Water Project issued by the United States
Fish and Wildlife Service and dated December 15, 2008; or
(2) Reasonable and Prudent Action IV.2.1 or Reasonable and
Prudent Action IV.2.3 described in the biological opinion for
the operations of the Central Valley Project and the
California State Water Project issued by the National Marine
Fisheries Service and dated June 4, 2009.
(b) None of the funds made available by this Act may be
used to implement section 10004, 10005, 10006, 10009, or
10011 of Public Law 111-11.
Mr. FRELINGHUYSEN (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 224, line 21 be
considered as read, printed in the Record, and open to amendment at any
point.
The Acting CHAIR. Is there objection to the request of the gentleman
from New Jersey?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 1501. Notwithstanding section 1101, the level for
``Department of the Treasury, Departmental Offices, Salaries
and Expenses'' shall be $299,888,000, of which $102,613,000
shall be for terrorism and financial intelligence activities,
and the requirements to transfer funds to the National
Academy of Science and the funding designations related to
executive direction program activities, economic policies and
program activities, financial policies and program
activities, Treasury-wide management policies and program
activities, and administration program activities shall not
apply to funds appropriated by this division.
Sec. 1502. Notwithstanding section 1101, the level for
``Department of the Treasury, Departmental Offices,
Department-wide Systems and Capital Investment Programs''
shall be $4,000,000.
Sec. 1503. Notwithstanding section 1101, the level for
``Department of Treasury, Office of Inspector General,
Salaries and Expenses'' shall be $29,403,000.
Sec. 1504. Notwithstanding section 1101, the level for
``Department of the Treasury, Departmental Offices, Special
Inspector General for the Troubled Asset Relief Program,
Salaries and Expenses'' shall be $36,300,000.
Sec. 1505. Notwithstanding section 1101, the level for
``Department of Treasury, Financial Crimes Enforcement
Network, Salaries and Expenses'' shall be $108,927,000.
Sec. 1506. Notwithstanding section 1101, the level for
``Department of the Treasury, Financial Management Service,
Salaries and Expenses'' shall be $232,838,000.
Sec. 1507. Notwithstanding section 1101, the level for
``Department of the Treasury, Bureau of the Public Debt,
Administering the Public Debt'' shall be $184,658,000.
Sec. 1508. Of the unobligated balances available under the
heading ``Department of
[[Page H906]]
the Treasury, Treasury Forfeiture Fund'', $400,000,000 is
rescinded.
Sec. 1509. Notwithstanding section 1101, the level for
``Department of the Treasury, Alcohol and Tobacco Tax and
Trade Bureau, Salaries and Expenses'' shall be $99,831,000,
and the first proviso under such heading shall not apply to
funds appropriated by this division.
Sec. 1510. Notwithstanding section 1101, the level for
``Department of the Treasury, Community Development Financial
Institutions Fund Program Account'' shall be $50,000,000 for
financial assistance, technical assistance, training outreach
programs, and administrative expenses, of which not less than
$2,500,000 shall be for programs under sections 105 through
109 of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4704-4708) designed to
benefit Native communities; and the requirement to transfer
funds to the Capital Magnet Fund and the funding designations
for pilot project grants and administration shall not apply
to funds appropriated by this division.
Sec. 1511. Notwithstanding section 1101, the level for
``Department of the Treasury, Internal Revenue Service,
Taxpayer Services'' shall be $2,187,836,000.
Sec. 1512. Notwithstanding section 1101, the level for
``Department of the Treasury, Internal Revenue Service,
Enforcement'' shall be $5,219,016,000.
Sec. 1513. Notwithstanding section 1101, the level for
``Department of the Treasury, Internal Revenue Service,
Operations Support'' shall be $3,856,894,000, and the funding
designations for tax enforcement under such heading shall not
apply to funds appropriated by this division.
Sec. 1514. Notwithstanding section 1101, and section 101
of division C of Public Law 111-117, the Secretary of the
Treasury is authorized to transfer up to $83,211,000 of the
funds appropriated to the Internal Revenue Service for
``Enforcement'' and ``Operations Support'' to ``Business
Systems Modernization'' upon notification and approval of the
House and Senate Committees on Appropriations.
Sec. 1515. Notwithstanding section 1101, section 105 of
division C of Public Law 111-117 shall not apply to funds
appropriated by this division.
Sec. 1516. None of the funds made available by this
division may be used by the Internal Revenue Service to
implement or enforce any amendment made to section 6041 of
the Internal Revenue Code of 1986 by section 9006 of the
Patient Protection and Affordable Care Act (Public Law 111-
148).
Sec. 1517. (a) During fiscal year 2011, the Board of
Governors of the Federal Reserve may not transfer more than
$80,000,000 to the Bureau of Consumer Financial Protection
for activities authorized to be carried out by the Bureau
under title X of the Dodd-Frank Wall Street Reform and
Consumer Protection Act.
(b) During fiscal year 2011, the Bureau of Consumer
Financial Protection may not obligate more than $80,000,000
for such activities.
Sec. 1518. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, The White House, Salaries and Expenses'' shall
be $56,186,000.
Sec. 1519. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Executive Residence at the White House,
Operating Expenses'' shall be $13,146,000.
Sec. 1520. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, White House Repair and Restoration'' shall be
$2,005,000.
Sec. 1521. Of the unobligated balances available for
``Executive Office of the President and Funds Appropriated to
the President, Office of National Drug Control Policy,
Counterdrug Technology Assessment Center'', $5,000,000 is
rescinded.
Sec. 1522. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Council of Economic Advisors, Salaries and
Expenses'' shall be $3,990,000.
Sec. 1523. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, National Security Council, Salaries and
Expenses'' shall be $11,619,000.
Sec. 1524. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Office of Administration, Salaries and
Expenses'' shall be $109,516,000.
Sec. 1525. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Office of Management and Budget, Salaries and
Expenses'' shall be $88,220,000.
Sec. 1526. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Office of National Drug Control Policy,
Salaries and Expenses'' shall be $24,886,000.
Sec. 1527. Of the unobligated balances available for
``Executive Office of the President and Funds Appropriated to
the President, Office of National Drug Control Policy,
Salaries and Expenses'' for policy research and evaluation,
$2,000,000 is rescinded.
Sec. 1528. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Office of National Drug Control Policy,
Counterdrug Technology Assessment Center'' shall be $0.
Sec. 1529. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
President, Unanticipated Needs'' shall be $0.
Sec. 1530. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Partnership Fund for Program Integrity
Innovation'' shall be $0.
Sec. 1531. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Special Assistance to the President, Salaries
and Expenses'' shall be $4,374,000.
Sec. 1532. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Official Residence of the Vice President,
Operating Expenses'' shall be $314,000.
Sec. 1533. Of the unobligated balances available for
``Executive Office of the President and Funds Appropriated to
the President, Partnership Fund for Program Integrity
Innovation'', $10,000,000 is rescinded.
Sec. 1534. Notwithstanding section 1101, the level for
``Executive Office of the President and Funds Appropriated to
the President, Office of National Drug Control Policy, Other
Federal Drug Control Programs'' shall be $96,425,000, of
which $85,500,000 shall be for the Drug-Free Communities
Program; $9,025,000 shall be for anti-doping activities; and
the matter related to a national media campaign, the National
Drug Court Institute, the United States Anti-Doping Agency,
Model State Drug Laws and performance measures shall not
apply to the funds appropriated by this division.
Sec. 1535. Notwithstanding section 1101, none of the funds
appropriated by this division under heading ``Executive
Office of the President and Funds Appropriated to the
President'' shall be for an Assistant to the President for
Energy and Climate Change, or any substantially similar
position.
Sec. 1536. Notwithstanding section 1101, none of the funds
appropriated by this division under the heading ``Executive
Office of the President and Funds Appropriated to the
President'' shall be for the Director of the Office of Health
Care Reform, or any substantially similar position.
Sec. 1537. Notwithstanding section 1101, the level for
``The Judiciary, Supreme Court of the United States, Care of
the Building and Grounds'' shall be $8,175,000.
Sec. 1538. Notwithstanding section 1101, the level for
``The Judiciary, Courts of Appeals, District Courts, and
Other Judicial Services, Salaries and Expenses'' shall be
$4,860,585,000.
Sec. 1539. Notwithstanding section 1101, the level for
``The Judiciary, Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners''
shall be $52,410,000.
Sec. 1540. Notwithstanding section 1101, the level for
``The Judiciary, Administrative Office of the United States
Courts, Salaries and Expenses'' shall be $82,575,000.
Sec. 1541. Notwithstanding section 1101, the level for
``The Judiciary, Federal Judicial Center, Salaries and
Expenses'' shall be $27,078,000.
Sec. 1542. Notwithstanding section 1101, the level for
``The Judiciary, United States Sentencing Commission,
Salaries and Expenses'' shall be $16,737,000.
Sec. 1543. Notwithstanding section 1101, the level for
``The Judiciary, Courts of Appeals, District Courts, and
Other Judicial Services, Court Security'' shall be
$467,607,000.
Sec. 1544. The amount included in the second paragraph
under the heading ``The Judiciary, Courts of Appeals,
District Courts, and Other Judicial Services, Salaries and
Expenses'' in division C of Public Law 111-117 shall be
applied to funds appropriated by this division by
substituting ``$4,785,000'' for ``$5,428,000''.
Sec. 1545. Of the unobligated balances available for ``The
Judiciary, United States Sentencing Commission, Salaries and
Expenses'', $100,000 is rescinded.
Sec. 1546. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note) is amended
in the third sentence (relating to the District of Kansas) by
striking ``19 years'' and inserting ``20 years''.
Sec. 1547. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment to the
District of Columbia Courts'' shall be $235,660,000, of which
$50,000,000 shall be for capital improvements.
Sec. 1548. (a) Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment for
School Improvement'' shall be $60,000,000, of which
$24,500,000 shall be for the District of Columbia Public
Schools, $20,000,000 shall be to expand quality public
charter schools, and $15,500,000 shall be for opportunity
scholarships, and the second reference to ``$1,000,000''
under such heading shall be applied to funds appropriated by
this division by substituting ``$0''.
(b) The authority and conditions provided in the District
of Columbia Appropriations Act, 2010 (Public Law 111-117; 123
Stat. 3181) under the heading described in subsection (a)
shall apply with respect to the funds made available under
this division, with the following modifications:
(1) The first proviso under such heading shall not apply.
(2) Notwithstanding the second proviso under such heading,
the funds may be made available for scholarships to students,
without regard to whether any student received a scholarship
in any prior school year.
(3) The fourth proviso under such heading shall not apply.
[[Page H907]]
(4) Notwithstanding the fifth proviso under such heading,
the Secretary of Education shall ensure that site inspections
of participating schools are conducted annually.
Sec. 1549. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment to the
District of Columbia Water and Sewer Authority'' shall be
$10,000,000.
Sec. 1550. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment to the
Criminal Justice Coordinating Council'' shall be $1,800,000.
Sec. 1551. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment to the
Office of the Chief Financial Officer for the District of
Columbia'' shall be $0.
Sec. 1552. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment for
Consolidated Laboratory Facility'' shall be $0.
Sec. 1553. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment for
Housing for the Homeless'' shall be $10,000,000.
Sec. 1554. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment for
Youth Services'' shall be $0.
Sec. 1555. Notwithstanding any other provision of this
division, except section 1106, the District of Columbia may
expend local funds for programs and activities under the
heading ``District of Columbia Funds'' for such programs and
activities under title IV of S. 3677 (111th Congress), as
reported by the Committee on Appropriations of the Senate, at
the rate set forth under ``District of Columbia Funds'' as
included in the Fiscal Year 2011 Budget Request Act (D.C. Act
18-448), as modified as of the date of the enactment of this
division.
Sec. 1556. Notwithstanding section 1101, the level for
``Independent Agencies, Christopher Columbus Fellowship
Foundation, Salaries and Expenses'' shall be $500,000.
Sec. 1557. Notwithstanding section 1101, the level for
``Independent Agencies, Election Assistance Commission,
Election Reform Programs'' shall be $0.
Sec. 1558. Notwithstanding section 1101, the level for
``Independent Agencies, General Service Administration,
General Activities, Government-Wide Policy'' shall be
$59,068,000.
Sec. 1559. Notwithstanding section 1101, the level for
``Independent Agencies, Federal Deposit Insurance
Corporation, Office of the Inspector General'' shall be
$42,942,000.
Sec. 1560. Notwithstanding section 1101, the level for
``Independent Agencies, Federal Labor Relations Authority,
Salaries and Expenses'' shall be $24,500,000.
Sec. 1561. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration,
Electronic Government Fund'' shall be $2,000,000.
Sec. 1562. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration,
Federal Citizen Services Fund'' shall be $34,689,000.
Sec. 1563. Notwithstanding section 1101, the level for
``Independent Agencies, Federal Election Commission, Salaries
and Expenses'' shall be $65,835,000.
Sec. 1564. Notwithstanding section 1101, the level for
``Independent Agencies, Federal Trade Commission, Salaries
and Expenses'' shall be $288,783,000.
Sec. 1565. Notwithstanding section 1101, the level for
``Independent Agencies, Morris K. Udall and Stewart Udall
Foundation, Morris K. Udall and Stewart Udall Trust Fund''
shall be $1,000,000.
Sec. 1566. Notwithstanding section 1101, the level for
``Independent Agencies, National Credit Union Administration,
Community Development Revolving Loan Fund'' shall be
$500,000.
Sec. 1567. Notwithstanding section 1101, the level for
``Independent Agencies, Privacy and Civil Liberties Oversight
Board, Salaries and Expenses'' shall be $100,000.
Sec. 1568. Notwithstanding section 1101, the level for
``Independent Agencies, Consumer Product Safety Commission,
Salaries and Expenses'' shall be $115,018,000, of which
$500,000 shall be for the Virginia Graeme Baker Pool and Spa
Safety Act grant program.
Sec. 1569. Of the unobligated balances available under the
heading ``Independent Agencies, Consumer Product Safety
Commission, Salaries and Expenses'' for the Virginia Graeme
Baker Pool and Spa Safety Act grant program, $2,000,000 is
rescinded.
Sec. 1570. Notwithstanding section 1101, the level for
``Independent Agencies, Election Assistance Commission,
Salaries and Expenses'' shall be $15,020,000, of which
$2,345,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002 (Public
Law 107-252), the level under such heading for the Help
America Vote College Program shall be $0, and the level under
such heading for a competitive grant program to support
community involvement in student and parent mock elections
shall be $0.
Sec. 1571. Of the unobligated balances available for
``Independent Agencies, Election Assistance Commission,
Election Reform Programs'', $5,000,000 is rescinded.
Sec. 1572. Notwithstanding section 1101, the aggregate
amount of new obligational authority provided under the
heading ``Independent Agencies, General Services
Administration, Real Property Activities, Federal Buildings
Fund, Limitations on Availability of Revenue'' for Federal
buildings and courthouses and other purposes of the Fund
shall be $7,428,007,000, of which (1) $0 is for
``Construction and Acquisition''; and (2) $280,000,000 is for
``Repairs and Alterations'', of which $260,000,000 is for
basic repairs and alterations and $20,000,000 is for fire and
life safety programs.
Sec. 1573. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration,
General Activities, Operating Expenses'' shall be $71,381,000
and matters pertaining to the amount of $1,000,000 shall not
apply to funds appropriated by this division.
Sec. 1574. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records
Administration, Operating Expenses'' shall be $336,372,000.
Sec. 1575. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records
Administration, Electronic Records Archives'' shall be
$72,000,000, of which $52,500,000 shall remain available
until September 30, 2013.
Sec. 1576. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records
Administration, Repairs and Restoration'' shall be
$11,730,000.
Sec. 1577. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records
Administration, National Historical Publications and Records
Commission, Grants Program'' shall be $4,000,000.
Sec. 1578. Of the unobligated balances available under the
heading ``Independent Agencies, National Archives and Records
Administration, Repairs and Restoration'' $3,198,000 is
rescinded, which shall be derived from amounts made available
for a new regional archives and records facility in
Anchorage, Alaska.
Sec. 1579. The amounts included under the heading
``Independent Agencies, Merit Systems Protection Board,
Salaries and Expenses'' in division C of Public Law 111-117
shall be applied to funds appropriated by this division by
substituting ``$39,000,000'' for ``$40,339,000''.
Sec. 1580. The amounts included under the heading
``Independent Agencies, Office of Personnel Management,
Salaries and Expenses'' in division C of Public Law 111-117
shall be applied to funds appropriated by this division as
follows:
(1) By substituting ``$101,270,000'' for ``$102,970,000''.
(2) By substituting ``$111,038,000'' for ``$112,738,000''.
Sec. 1581. The amounts included under the heading
``Independent Agencies, Office of Personnel Management,
Office of Inspector General'' in division C of Public Law
111-117 shall be applied to funds appropriated by this
division as follows:
(1) By substituting ``$2,136,000'' for ``$3,148,000''.
(2) By substituting ``20,428,000'' for ``21,215,000''.
Sec. 1582. Notwithstanding section 1101, the level for
``Independent Agencies, Office of Special Counsel, Salaries
and Expenses'' shall be $18,300,000.
Sec. 1583. Of the unobligated balances available for
``Independent Agencies, Privacy and Civil Liberties Oversight
Board, Salaries and Expenses'', $1,500,000 is rescinded.
Sec. 1584. Notwithstanding section 1101, the level
provided under section 523 of division C of Public Law 111-
117 shall be $0.
Sec. 1585. Notwithstanding section 1101, the level for
``Independent Agencies, Small Business Administration,
Salaries and Expenses'' shall be $408,438,000.
Sec. 1586. The amounts included under the heading
``Independent Agencies, United States Postal Service, Payment
to the Postal Service Fund'' in division C of Public Law 111-
117 shall be applied to funds appropriated by this division
as follows:
(1) By substituting ``$103,905,000'' for ``$118,328,000''.
(2) By substituting ``$74,905,000'' for ``$89,328,000''.
(3) By substituting ``2011'' for ``2010''.
Sec. 1587. Notwithstanding section 1101, the level for
``Independent Agencies, Securities and Exchange Commission,
Salaries and Expenses'' shall be $1,069,916,000 and the
proviso pertaining to prior year unobligated balances shall
not apply to funds appropriated by this division.
Mrs. EMERSON (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 243, line 4 be
considered as read, printed in the Record, and open to amendment at any
point.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from Missouri?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 1588. Notwithstanding section 1101, the level for
``Independent Agencies, Selective Service System, Salaries
and Expenses'' shall be $24,032,000.
{time} 0040
Amendment No. 98 Offered by Mr. DeFazio
Mr. DeFAZIO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
[[Page H908]]
Page 243, line 7, after the dollar amount, insert
``(reduced by $24,032,000)''.
Page 359, line 10, after the dollar amount, insert
``(increased by $24,032,000)''.
The Acting CHAIR. The gentleman from Oregon is recognized for 5
minutes.
Mr. DeFAZIO. I had hoped to be joined by Dr. Paul, who is a coauthor
of this amendment. Unfortunately given the very late hour, I'm not
certain he'll make it. However, we're talking tonight about making
cuts. We've heard in the earlier debate of programs that actually have
constituencies, actually serve Americans: The COPS program which puts
officers on the beat and helps with drug interdiction, drug prevention;
the LIHEAP program providing financial assistance to families who can't
afford to heat their homes. The list is long. But there are a few
programs in the government which have no constituency and no purpose,
and this is one of them. And somehow it escaped the knife, which I
assume was just an oversight. So I'm hoping to persuade the committee
to adopt this amendment. This is the expenditures for the Selective
Service System of the United States of America, i.e., the draft boards.
That is, if we believe that at some time in the future that the United
States of America is going to reimpose the draft, then one might want
to maintain this bureaucracy in deep standby. On the other hand, it
might not, because the few times that this agency has attempted to test
its capabilities with its obsolete computer systems, which could be
surpassed by anything available publicly on the Internet, they showed
that they couldn't have conducted a legal draft. And even if they could
have conducted a legal draft, we no longer have a surge capacity at our
training bases so we would be drafting people for no purpose. Beyond
that, I don't think there are many in this House who believe that we
are going to go back to having a draft. The Pentagon doesn't want to go
back to a draft. The Pentagon has said time and time and time again
they believe in an all-volunteer military; the all-volunteer military
is superior to forced enlistment, as in the years of the draft. We're a
higher quality, we're using significant incentives to get people to
enlist in the military, and we have the best military in the world as a
result.
So why would we maintain this bureaucracy? Here's what they spent $25
million on, or intend to, this year. It will be used for expenses of
attendance at meetings. For purchase of uniforms. Now beyond me, I'm
not certain what the uniforms are. I served actually on a draft board
once and we didn't have uniforms. I don't know. I guess now we've got
uniforms for people who are going to go sit somewhere and hear claims,
if we ever reimpose the draft. I really don't know who they're
purchasing uniforms for or what the purpose might be or what a
Selective Service member's uniform might look like. They also will hire
passenger motor vehicles and for official reception and representation
expenses--all for a dead bureaucracy that does nothing and never will
do anything.
Now, colleagues, truly if we are serious here, if we are in a crisis
and we're going to cut programs that actually have large
constituencies; my phone's been ringing off the hook about public
broadcasting. Other people are hearing about other programs. Here's one
where you're not going to get a single call except maybe a thank-you if
you eliminate this useless bureaucracy that will never be activated for
any purpose, foreseeable, in the future.
Colleagues, we have twice actually in the House voted to end the
Selective Service System: in 1993 when Democrats were in control and in
1999 when the Republicans were in control. Unfortunately, the
termination of the program never became law. Now is the time. Now is
the time. I'm just dedicating the money to deficit reduction. It could
be used to restore some meritorious spending elsewhere within this
title by somebody else.
With that, I would yield back the balance of my time and urge my
colleagues to end this useless bureaucracy.
Mrs. EMERSON. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentlewoman from Missouri is recognized for 5
minutes.
Mrs. EMERSON. Thank you, Mr. Chairman.
While most would hope that we would never need to use the draft
again, I think this agency is an important insurance policy against
unforeseen threats. If we eliminate the Selective Service System, it
would take us over a year to draft men into military service, whereas
now it would take 90 to 120 days. And in any kind of an emergency,
wartime situation, this could be disastrous. Further, we're almost 6
months into the budget year and the Selective Service has already spent
money on salaries and expenses, so we really can't take all of their
money away. This is a small agency with the potential to avert a
crisis, should the draft ever be reinstated.
I urge a ``no'' vote on this amendment.
I yield back the balance of my time.
Mr. DICKS. Mr. Chairman, I move to strike the requisite number of
words, in opposition to this amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. The Selective Service is a readiness issue. If we don't
have the process all set up, it would take 2 years to restore it. And
if we're in a national emergency--that's why we put the Selective
Service thing in place--because if we were in a national emergency and
we had to get more people and we couldn't do it through the all-
volunteer force, we have to have a way to do it.
And so we put this in place several years ago. It was very bipartisan
at the time. I can understand the gentleman's skepticism, but this is
the first we've heard of this. I think it would be better for the
committee to look at this and maybe have a hearing on this and then we
can address it again in the 2012 bill.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. DeFazio).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oregon will
be postponed.
The Clerk will read.
The Clerk read as follows:
Sec. 1589. Notwithstanding section 1101, the level for
``Independent Agencies, United States Tax Court, Salaries and
Expenses'' shall be $52,093,000, of which $2,852,000 shall be
for security improvements.
Sec. 1590. Section 814 of division C of Public Law 111-117
shall be applied to funds appropriated by this division by
striking ``Federal''.
Sec. 1591. (a) Notwithstanding section 1101, and section
810 of division C of Public Law 111-117, none of the funds
contained in this division may be used for any program of
distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.
(b) Any individual or entity who receives any funds
contained in this division and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in this
division.
TITLE VI--HOMELAND SECURITY
Sec. 1601. Within 30 days after the date of enactment of
this division, the Department of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives an expenditure plan for fiscal
year 2011 that displays the level of funding by program,
project, and activity consistent with the table of detailed
funding recommendations contained at the end of the joint
explanatory statement accompanying the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83).
Sec. 1602. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Secretary
and Executive Management'' shall be $136,818,000.
Sec. 1603. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Under
Secretary for Management'' shall be $239,933,000.
Sec. 1604. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Chief
Information Officer'' shall be $333,393,000, of which not
less than $77,788,000 shall be available for data center
development and migration.
Sec. 1605. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Federal
Coordinator for Gulf Coast Rebuilding'' shall be $0.
Sec. 1606. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Salaries and Expenses'' shall be $8,212,626,000:
Provided, That for fiscal year 2011, the Border Patrol shall
maintain an active duty presence of not fewer than 20,500
full-time equivalent agents throughout the fiscal year.
Sec. 1607. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection,
[[Page H909]]
Automation Modernization'' shall be $341,575,000, of which
$153,090,000 shall be for the Automated Commercial
Environment.
Sec. 1608. (a) Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Border Security Fencing, Infrastructure, and
Technology'' shall be $450,000,000.
(b) Paragraph (11) of the first proviso and the third and
fourth provisos under the heading ``Border Security Fencing,
Infrastructure, and Technology'' of Public Law 111-83 shall
not apply to funds appropriated by this division.
Sec. 1609. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Air and Marine Interdiction, Operations,
Maintenance, and Procurement'' shall be $516,326,000.
Sec. 1610. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border
Protection, Construction and Facilities Management'' shall be
$241,040,000.
Sec. 1611. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Salaries and Expenses'' shall be
$5,399,894,000: Provided, That U.S. Immigration and Customs
Enforcement shall maintain a level of not fewer than 33,400
detention beds throughout fiscal year 2011.
Sec. 1612. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Automation Modernization'' shall be
$75,000,000.
Sec. 1613. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Construction'' shall be $0.
Sec. 1614. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Aviation Security'' shall be $5,113,796,000:
Provided, That the amounts included under such heading in
Public Law 111-83 shall be applied to funds appropriated by
this division as follows: by substituting ``$5,113,796,000''
for ``$5,214,040,000''; by substituting ``$4,121,329,000''
for ``$4,358,076,000''; by substituting ``$607,891,000'' for
``$1,116,406,000''; by substituting ``$992,467,000'' for
``$855,964,000''; by substituting ``$291,266,000'' for
``$778,300,000''; by substituting ``9 percent'' for ``28
percent''; and by substituting ``$3,013,796,000'' for
``$3,114,040,000'': Provided further, That none of the funds
in this division may be used for any recruiting or hiring of
personnel into the Transportation Security Administration
that would cause the agency to exceed a staffing level of
46,000 full-time equivalent screeners: Provided further, That
not later than August 15, 2011, the Secretary of Homeland
Security shall submit a detailed report on (1) the
Department's efforts and the resources being devoted to
develop more advanced, integrated passenger screening
technologies for the most effective security of passengers
and baggage at the lowest possible operating and acquisition
costs, and (2) how the Transportation Security Administration
is deploying its existing screener workforce in the most
cost-effective manner.
Sec. 1615. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Surface Transportation Security'' shall be
$105,961,000.
Sec. 1616. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Transportation Threat Assessment and
Credentialing'' shall be $162,999,000.
Sec. 1617. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Transportation Security Support'' shall be
$988,638,000: Provided, That within ``Department of Homeland
Security, Transportation Security Administration,
Transportation Security Support'', funding for intelligence
and international programs shall be no less than the level
provided for such purposes for fiscal year 2010: Provided
further, That within ``Department of Homeland Security,
Transportation Security Administration, Transportation
Security Support'', funding for headquarters administration
and information technology shall not exceed $705,239,000.
Sec. 1618. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Federal Air Marshals'' shall be $934,802,000.
Sec. 1619. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Operating
Expenses'' shall be $6,885,432,000 of which $241,503,000 is
designated as being for contingency operations directly
related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress), and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress): Provided, That the Coast Guard may
decommission one Medium Endurance Cutter, two High Endurance
Cutters, four HU-25 aircraft, and one Maritime Safety and
Security Team, and may make necessary staffing adjustments at
the Coast Guard Investigative Service and other support
units, as specified in the budget justification materials for
fiscal year 2011 as submitted to the Committees on
Appropriations of the Senate and House of Representatives:
Provided further, That the Coast Guard shall submit a future-
years capital investment plan, as specified in the Department
of Homeland Security Appropriations Act, 2010 (Public Law
111-83), for fiscal years 2012 through 2016 to the Committees
on Appropriations of the Senate and House of Representatives
in conjunction with the budget justification materials for
fiscal year 2012.
Sec. 1620. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Acquisition,
Construction, and Improvements'' shall be $1,427,783,000, of
which $42,000,000 shall be for vessels, small boats, critical
infrastructure, and related equipment; of which $36,000,000
shall be for other equipment; of which $49,200,000 shall be
for shore facilities and aids to navigation facilities; of
which $106,083,000 shall be available for personnel
compensation and benefits and related costs; and of which
$1,194,500,000 shall be for the Integrated Deepwater Systems
program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $101,000,000 is for
aircraft and $938,000,000 is for surface ships.
Sec. 1621. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Alteration of
Bridges'' shall be $0.
Sec. 1622. Notwithstanding section 1101, the level for
``Department of Homeland Security, United States Secret
Service, Salaries and Expenses'' shall be $1,499,669,000.
Sec. 1623. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and
Programs Directorate, Management and Administration'' shall
be $43,577,000.
Sec. 1624. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Protection and
Information Security'' shall be $805,965,000.
Sec. 1625. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and
Programs Directorate, United States Visitor and Immigrant
Status Indicator Technology'' shall be $334,613,000.
Sec. 1626. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of Health Affairs''
shall be $134,250,000.
Sec. 1627. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Management and Administration'' shall be
$773,350,000, of which $0 shall be for capital improvements
at the Mount Weather Emergency Operations Center.
Sec. 1628. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, State and Local Programs'' shall be
$2,149,500,000: Provided, That of the amount provided by this
division for the State Homeland Security Grant Program under
such heading, $50,000,000 shall be for the Driver's License
Security Grant Program and $10,000,000 shall be for the
Citizen Corps Program: Provided further, That the amounts
provided by this division for the Citizen Corps Program under
such heading shall not be subject to the requirements of
subtitle A of title XX of the Homeland Security Act of 2002
(6 U.S.C. 603 et seq.): Provided further, That the amounts
included under such heading in Public Law 111-83 shall be
applied to funds appropriated by this division as follows: in
paragraph (1), by substituting ``$900,000,000'' for
``$950,000,000''; in paragraph (2), by substituting
``$800,000,000'' for ``$887,000,000''; in paragraph (3), by
substituting ``$0'' for ``$35,000,000''; in paragraph (5), by
substituting ``$0'' for ``$13,000,000''; in paragraph (6), by
substituting ``$100,000,000'' for ``$300,000,000''; in
paragraph (7), by substituting ``$100,000,000'' for
``$300,000,000''; in paragraph (8), by substituting
``$5,000,000'' for ``$12,000,000''; in paragraph (9), by
substituting ``$0'' for ``$50,000,000''; in paragraph (10),
by substituting ``$0'' for ``$50,000,000''; in paragraph
(11), by substituting ``$0'' for ``$50,000,000''; in
paragraph (12), by substituting ``$0'' for each amount in
such paragraph; in paragraph (13), by substituting
``$203,500,000'' for ``$267,200,000''; in paragraph (13)(A),
by substituting ``$112,500,000'' for ``$164,500,000''; in
paragraph (13)(B), by substituting ``$0'' for ``$1,700,000'';
and in paragraph (13)(C), by substituting ``$0'' for
``$3,000,000'': Provided further, That 4.5 percent of the
amount provided for ``Department of Homeland Security,
Federal Emergency Management Agency, State and Local
Programs'' by this division shall be transferred to
``Department of Homeland Security, Federal Emergency
Management Agency, Management and Administration'' for
program administration.
{time} 0050
Mr. ADERHOLT (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 253, line 6 be
considered as read, printed in the Record and open to amendment at any
point.
The Acting CHAIR. Is there objection to the request of the gentleman
from Alabama?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 1629. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Firefighter Assistance Grants'' for
programs authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.), shall be
$300,000,000, of which
[[Page H910]]
$30,000,000 shall be available to carry out section 33 of
that Act (15 U.S.C. 2229) and $0 shall be available to carry
out section 34 of that Act (15 U.S.C. 2229a).
Amendment No. 223 Offered by Mr. Pascrell
Mr. PASCRELL. Mr. Chairman, I offer an amendment.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 253, line 12, after the first dollar amount, insert
``(increased by $510,000,000)''.
Page 253, line 12, after the second dollar amount, insert
``(increased by $90,000,000)''.
Page 253, line 14, after the dollar amount, insert
``(increased by $420,000,000)''.
Page 255, line 21, after the dollar amount, insert
``(reduced by $510,000,000)''.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. PASCRELL. Mr. Chairman, as a former mayor, I have always believed
that our Nation's first responders constitute both our first and our
last line of defense for the American people. This continuing
resolution before us today fails our first responders. Regrettably, we
are treating these public safety officers as being non-security,
discretionary spending and have subjected them to drastic cuts.
Real homeland security starts on our streets. We all remember on 9/11
when we were attacked on our own soil. It was our brave cops and
firefighters who ran into the burning buildings. The Federal Government
was not there. To say that funding our cops and firefighters is not
national security spending is ludicrous. Our brave local police
officers and firefighters who protect our streets day and night are the
very essence of our national security.
Earlier in the process we debated the COPS Program. An amendment
tonight restores critical funding for its counterpart, the FIRE Act and
the SAFER Grant programs. The continuing resolution significantly
reduces funding for the FIRE Act and eliminates all funding for SAFER
grants, over $510 million in cuts in total. This would absolutely be
devastating for our public safety professionals who rely on this
funding for the equipment and personnel they need to protect our
communities.
The FIRE and SAFER grants help local fire departments equip, train
and maintain their personnel, preparing them to respond to all forms of
an emergency. And things changed, didn't they, after 9/11? An
independent evaluation of the FIRE program published by the U.S. Fire
Administration concluded that it was highly effective in improving the
readiness and capabilities of firefighters across the Nation.
I may add, Mr. Chairman, that the FIRE programs and the COPS programs
are among the highest efficiency and most effective programs run by the
Federal Government. The money goes directly to the communities, so
States can't skim off the top. They are effective and they are
competitive, and no one has challenged that in 10 years.
SAFER has been critical to many local departments who, as a result of
recent economic downturns, have been forced to cut personnel and
services.
What effect would cuts to these programs have? Let's go to the real
world and not the video.
Bethesda Volunteer Fire Department in Coleman, Alabama, they used the
FIRE grant to purchase personnel protective equipment which now allows
them to enter a burning structure to search for victims and to
extinguish the fires. Previously, the department did not have the
proper equipment to do this. Today they have greatly reduced the amount
of total-loss structures in their region.
North County Fire Protection District in Holbrooke, California, they
were able to purchase emergency backup power generators. During the
2007 San Diego firestorms, power failed throughout the community early
on the first day and was not completely restored in the community for 2
weeks. The emergency power generators they purchased with their FIRE
grant allowed them to keep all of the facilities fully functional.
Before the Belle Chasse Volunteer Fire Department in Belle Chasse,
Louisiana, received a SAFER grant in 2008, the department could not
comply with the National Fire Protection Association standards. There
is such a thing. Before we cut something, we should know what the
alternatives are. Its initial alarm assignment capability was only 20
percent in that time. That insufficient level of service put the
communities and the volunteer firefighters at considerable risk for
injury or even the loss of life.
Thanks to a SAFER grant, the department was able to hire 45
firefighters, increase the rate of compliance, and it is now estimated
that the compliance is 90 percent and they have increased their initial
alarm dispatch with three more engine companies.
The Acting CHAIR. The time of the gentleman has expired.
(By unanimous consent, Mr. Pascrell was allowed to proceed for 1
additional minute.)
Mr. PASCRELL. Together, FIRE and SAFER grants have provided over $7
billion in firefighter jobs, equipment and training for local fire
departments. It is serious business. We are talking life and limb, and
we are talking about property here. To me, cutting these critical
programs is wrong, especially when local fire department budgets are
already strained. We are facing it in all of our districts. You know
that.
My amendment restores the funding for FIRE and SAFER to their fiscal
2010 amounts: $390 million for FIRE, $420 million for SAFER. Because of
the rule, we are forced to reluctantly take funding from DHS Science
and Technology. If this amendment passes, I hope we can restore some of
the funding during conference.
I hope that both sides will come together on this. It has bipartisan
support. We need to protect our firefighters.
I yield back the balance of my time.
Mr. ADERHOLT. Mr. Chairman, I rise in opposition to this amendment.
The Acting CHAIR. The gentleman from Alabama is recognized for 5
minutes.
Mr. ADERHOLT. Mr. Chairman, this CR strikes the right balance between
funding priority programs that are essential to our Nation's security
and keeping our discretionary spending in check. Let me just say that
$300 million is included in this CR for fire equipment, and this only
applies to the SAFER grants. As has been stated, there are no funds in
the bill for SAFER grants.
Just 5 years ago, this program was funded at $65 million, but last
year it had ballooned to $420 million and included a waiver for the
cost-share requirements with local governments. In 2009, Congress
provided $210 million for the SAFER grants, supporting 1,236 jobs at
the high cost of $170,000 per job.
In the just-released FY12 request, the Department of Homeland
Security plans to create or retain 2,200 firefighters at a cost of
$190,000 per job. This seems unrealistic at a time when our Nation
faces serious fiscal constraints. While we all know local budgets are
under fiscal pressures, the hiring of local firefighters at a cost of
$190,000 per job should not be borne by the Federal Government. These
cuts will not be easy, but they are long overdue and necessary to
address our out-of-control Federal spending.
Beyond this, the proposed offset is not prudent and ignores the fact
that this CR has already cut the Science and Technology Directorate
funding. This enormous reduction to a budget that barely amounts to $1
billion would absolutely be devastating.
{time} 0100
S is the single organization within the Department of Homeland
Security that performs research and stimulates and funds related
research initiatives within the private sector--to include work
underway at the Transportation Security Laboratory in New Jersey and at
the Pacific Northwest Laboratory. The projects that this funding
supports are crucial to the homeland mission, and this cut will either
significantly slow or end their progress.
I would urge my colleagues to oppose this amendment.
I yield back the balance of my time.
Mr. PRICE of North Carolina. Mr. Chairman, I move to strike the last
word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. PRICE of North Carolina. Mr. Chairman, I rise in qualified
support of this amendment.
The bill before us eliminates the firefighter hiring program, known
as SAFER, and it reduces funding for grants to purchase fire equipment
by 23 percent. If adopted, these cuts will result in over 2,400
firefighters being laid
[[Page H911]]
off in 2011 and prevent fire departments from purchasing equipment,
breathing apparatus, and protective gear that our firefighters depend
on during a time of emergency. This is simply not acceptable.
During my tenure as chairman of the Homeland Security Appropriations
Committee, we ensured that not only was funding providing for these
critical firefighter programs, but that these dollars could be used
flexibly in this time of economic stress to retain firefighters that
might lose their jobs, to rehire firefighters that have been laid off
due to economic conditions, as well as to hire new firefighters.
Repeatedly, I hear from communities that were able to use funds for
these purposes. For example, in Plaquemines Parish, Louisiana, SAFER
funding was used to hire and retain a total of 73 firefighters,
ensuring that seven departments had salaried firefighters and that 12
parish fire stations could be manned 24 hours a day, 7 days a week.
The North Las Vegas Fire Department was able to hire 15 new
firefighters with a SAFER grant, permitting them to open an eighth fire
station, thereby reducing response times and enhancing the level of
protection for city residents as well as the millions of visitors to
Las Vegas.
Spanish Forth, Alabama, recently received a SAFER grant that allowed
them to retain their whole roster of firefighters instead of letting
some go. Collinsville, Illinois, received a recent grant, allowing them
to retain five firefighters who otherwise would have been laid off.
Retaining this funding, Mr. Chairman, preserves government services
that are critical to our public safety and security. Local governments
are already facing serious budget constraints. The CR simply
exacerbates the layoffs we're already seeing with public safety
personnel. This amendment will help keep thousands of firefighters on
the job.
Mr. Chairman, I must express some reservations about how the increase
in firefighter grants is paid for in this amendment. The gentleman's
amendment drastically reduces funding for research and development
activities throughout the Department of Homeland Security. It's not
desirable or wise to cut the Department's research and development
budget so much. But, unfortunately, the majority has prevented us from
paying for these amendments from other parts of the bill, and the
overall allocation for Homeland Security and the rest of the domestic
agencies is completely inadequate.
So I support this amendment, but I'll work diligently to restore
these funding cuts as the bill progresses and we get down to
responsible budgeting in negotiations with the Senate and the White
House.
Mr. Chairman, Members have a choice to make: Support this amendment
and support your local firefighters, or vote ``no'' and see a decline
in critical first responder personnel in this country and in the
options available to hard-pressed local communities.
I urge my colleagues to vote ``yes'' on this amendment.
Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Kentucky. I yield to the chairman of the subcommittee.
Mr. ADERHOLT. Let me say, Mr. Chairman, that I realize the importance
that these grants do contribute, and the bottom line right now is we
simply can't afford it in the position we're in right now. As we move
forward for the FY12 budget, I'll be happy to work with the ranking
member of the subcommittee and the gentleman from New Jersey as we move
forward to try to work on this. But the bottom line is today we cannot
afford this at this point, but I certainly would look forward to
working with both of them as we move forward in FY12.
At the end of the day, on the amendment today, I do urge my
colleagues to oppose the amendment that we have before us.
Mr. PASCRELL. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. Without objection, the gentleman from New Jersey is
recognized for 5 minutes.
There was no objection.
Mr. PASCRELL. To zero out one of the most effective and efficient
programs in the Federal Government--and all objective observers have
come to that conclusion. And yes, we do have to cut. That's why we're
here. But we don't have to cut what is an essential service when we
know what the results of this legislation have brought. I have been on
Homeland Security from day one. I think I know it. But that's beside
the point.
Today, we know what the results have been of this legislation. So,
for the 2,400 firefighters right off that bat that would be laid off,
because this is a 3-year plan, there's certain matches that have to go
into it. Those matches have been reduced so that other local
communities can get involved.
When we see what happens with many Federal programs that go through
States and never wind up to do what they have to do, this stands out
above everything else. It is not enough for us to pat firefighters on
the back, to bring our grandkids to get up on the fire engines when we
are pulling the rug out from under them.
When this passed 10 years ago, there were fire companies throughout
the United States that had to push their equipment to the fire. We are
here at 1 o'clock in the morning questioning that this is not a
priority of ours and we can't afford this right now. I can tell you
what we can't afford. We can't afford other things in other places, but
we need to protect our first responders. If we meant what we said on 9/
12/2001, then we need to do something right now to protect them.
This is a visceral subject, there's no question about it. I have not
heard one argument where this legislation has let us down one iota. In
fact, it has delivered what it said it was going to deliver.
Whether you be volunteers or career firefighters, you are assisted by
the SAFER bill, and we made it that way. When you look at the FIRE Act
itself, that act went to all the small departments. In fact, we skewed
it. The first 2 years of the program was to go to smaller fire
departments, not to big cities, and we followed through on that.
Do you know how these applications are evaluated? They're evaluated
by peers. It costs us very little to do it. That's why it's efficient
as well as an effective program. We should all belong to the Police
Caucus and the Fire Caucus. They don't need our pats on the back. They
don't need our words of inspiration. What they need is some help to put
enough people out there.
These are people's lives we're talking about. How dare we even
consider. You talk about 6 years ago. The conditions of our
municipalities large and small are quite different now than they were 6
years ago. They're laying off cops and firefighters.
Someone mentioned when we were discussing the COPS program earlier
this evening--last night--they were talking about what happened in
Camden, New Jersey. They're laying off half the fire department and
half the police department. Don't we have some responsibility in this?
And, by the way, that part of Homeland Security which protects the
Nation and protects them through our first responders, since they're
the fire people there, God knows, when a catastrophe occurs, what, are
we putting the brakes on that? Are we going out on recess? These are
the line between us and perhaps disaster. We cannot.
Much of the equipment that was bought in the FIRE Act, competitive
bidding, much of that equipment saved lives already. Most of the
firefighters--all of the firefighters--who were hired, because we
wanted to give someone in every town some edge when they were down
below the ranks that they should have, those firefighters save lives.
{time} 0110
Mr. Chairman, we need bipartisan support on this amendment. It is
good for America, and it works. No one has questioned that this
evening.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Pascrell).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ADERHOLT. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by
[[Page H912]]
the gentleman from New Jersey will be postponed.
Mr. ADERHOLT. Mr. Chairman, I ask unanimous consent that the bill
through page 263, line 9, be considered as read, printed in the Record,
and open to amendment at any point.
The Acting CHAIR. Is there objection to the request of the gentleman
from Alabama?
There was no objection.
The text of that portion of the bill is as follows:
Sec. 1630. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Emergency Management Performance Grants''
shall be $300,000,000.
Sec. 1631. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Disaster Relief'' shall be $3,165,000,000.
Sec. 1632. Notwithstanding section 1101, in fiscal year
2011, funds shall not be available from the National Flood
Insurance Fund under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017) for operating expenses
in excess of $110,000,000, and for agents' commissions and
taxes in excess of $963,339,000: Provided, That
notwithstanding section 1101, for activities under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.)
and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001
et seq.), the level shall be $169,000,000, which shall be
derived from offsetting collections assessed and collected
under 1308(d) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(d)), of which not to exceed $22,145,000 shall be
available for salaries and expenses associated with flood
mitigation and flood insurance operations; and not less than
$146,855,000 shall be available for floodplain management and
flood mapping, which shall remain available until September
30, 2012.
Sec. 1633. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, National Predisaster Mitigation Fund''
shall be $65,000,000.
Sec. 1634. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency
Management Agency, Emergency Food and Shelter'' shall be
$100,000,000.
Sec. 1635. Notwithstanding section 1101, the level for
``Department of Homeland Security, United States Citizenship
and Immigration Services'' shall be $275,776,000, of which
$151,376,000 is for processing applications for asylum and
refugee status, and of which $103,400,000 shall be for the E-
Verify Program: Provided, That none of the funds made
available under this heading may be used for grants for
immigrant integration.
Sec. 1636. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Law Enforcement
Training Center, Acquisitions, Construction, Improvements,
and Related Expenses'' shall be $38,456,000.
Sec. 1637. Notwithstanding section 1101, the level for
``Department of Homeland Security, Science and Technology,
Management and Administration'' shall be $141,200,000.
Sec. 1638. Notwithstanding section 1101, the level for
``Department of Homeland Security, Science and Technology,
Research, Development, Acquisition, and Operations'' shall be
$778,906,000: Provided, That the final proviso included under
the heading ``Department of Homeland Security, Science and
Technology, Research, Development, Acquisition, and
Operations'' in the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83) shall have no
force or effect.
Sec. 1639. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection
Office, Management and Administration'' shall be $36,992,000.
Sec. 1640. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection
Office, Research, Development, and Operations'' shall be
$293,537,000.
Sec. 1641. (a) Section 560 of Public Law 111-83 shall not
apply to funds appropriated by this division.
(b) Upon completion of 50 percent of design planning for
the National Bio- and Agro-Defense Facility, and prior to
construction of that facility, the Department of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a revised site-
specific biosafety and biosecurity mitigation risk assessment
that describes how to significantly reduce risks of
conducting essential research and diagnostic testing at the
National Bio- and Agro-Defense Facility and addresses
shortcomings identified in the National Academy of Sciences'
evaluation of the initial site-specific biosafety and
biosecurity mitigation risk assessment.
(c) The revised site-specific biosafety and biosecurity
mitigation risk assessment required by subsection (b) shall--
(1) include a quantitative risk assessment for foot-and-
mouth disease virus, in particular epidemiological and
economic impact modeling to determine the overall risk of
operating the facility for its expected 50-year life span,
taking into account strategies to mitigate risk of foot-and-
mouth disease virus release from the laboratory and ensure
safe operations at the approved National Bio- and Agro-
Defense Facility site;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local,
State, and Federal authorities and appropriate stakeholders)
if a release occurs, to detect and control the spread of
disease; and
(3) include overall risks of the most dangerous pathogens
the Department of Homeland Security expects to hold in the
National Bio- and Agro-Defense Facility's biosafety level 4
facility, and effectiveness of mitigation strategies to
reduce those risks.
(d) The Department of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate
the adequacy and validity of the risk assessment required by
subsection (b). The National Academy of Sciences shall submit
a report on such evaluation within four months after the date
the Department of Homeland Security concludes its risk
assessment.
Sec. 1642. Section 503 of the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83) is
amended by adding at the end the following:
``(e) The notification thresholds and procedures set forth
in this section shall apply to deviations from the amounts
designated for specific activities in this Act and
accompanying statement, and to any use of deobligated
balances of funds provided under this title in previous
years.''.
Sec. 1643. For fiscal year 2011, sections 529, 541, and
545 of the Department of Homeland Security Appropriations
Act, 2010 (Public Law 111-83; 123 Stat. 2174, 2176) shall
have no force or effect.
Sec. 1644. Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2010,'' and inserting ``Until September 30, 2011,''; and
(2) in subsection (d)(1), by striking ``September 30,
2010,'' and inserting ``September 30, 2011,''.
Sec. 1645. Section 532(a) of Public Law 109-295 (120 Stat.
1384) is amended by striking ``2010'' and inserting ``2011''.
Sec. 1646. Of the funds transferred to the Department of
Homeland Security when it was created in 2003, the following
funds are hereby rescinded from the following accounts and
programs in the specified amounts:
(1) ``Operations'', $1,891,657;
(2) ``Violent Crime Reduction Program'', $4,912,245;
(3) ``U.S. Customs and Border Protection, Salaries and
Expenses'', $21,210,423; and
(4) ``Office for Domestic Preparedness'', $10,568,964.
Sec. 1647. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of Department of Homeland Security Appropriations
Act, 2010 (Public Law 111-83; 123 Stat. 2174) are rescinded:
$886,665 from ``Office of the Secretary and Executive
Management''; $604,342 from ``Office of the Under Secretary
for Management''; $24,379 from the ``Office of the Chief
Financial Officer''; $29,741 from ``Office of the Chief
Information Officer''; $218,173 from ``Analysis and
Operations''; $76,498 from ``Office of the Federal
Coordinator for Gulf Coast Rebuilding''; $197,272 from
``Office of Inspector General''; $11,373,129 from ``U.S.
Customs and Border Protection, Salaries and Expenses'';
$691,552 from ``U.S. Immigration and Customs Enforcement,
Salaries and Expenses''; $2,555,962 from ``Transportation
Security Administration, Federal Air Marshals''; $8,617,331
from ``Coast Guard, Operating Expenses''; $2,965,312 from
``Coast Guard, Reserve Training''; $83,784 from ``National
Protection and Programs Directorate, Management and
Administration''; $551,737 from ``National Protection and
Programs Directorate, Infrastructure Protection and
Information Security''; $704,700 from ``United States Secret
Service, Salaries and Expenses''; $863,628 from ``Federal
Emergency Management Agency, Management and Administration'';
$864,660 from ``Office of Health Affairs''; $7,945,983 from
``United States Citizenship and Immigration Services'';
$960,828 from ``Federal Law Enforcement Training Center,
Salaries and Expenses''; $353,524 from ``Science and
Technology, Management and Administration''; and $45,468 from
``Domestic Nuclear Detection Office, Management and
Administration''.
Sec. 1648. Of the funds appropriated to the Department of
Homeland Security, the following unobligated balances are
hereby rescinded from the following accounts and programs in
the specified amounts:
(1) ``Department of Homeland Security, U.S. Customs and
Border Protection, Automation Modernization'', $10,000,000.
(2) ``Department of Homeland Security, U.S. Customs and
Border Protection, Border Security Fencing, Infrastructure,
and Technology'', $119,000,000.
(3) ``Department of Homeland Security, Office of Health
Affairs'', $5,562,000.
(4) ``Department of Homeland Security, Federal Emergency
Management Agency, National Predisaster Mitigation Fund'',
$18,173,641.
(5) ``Department of Homeland Security, Science and
Technology, Research, Development, Acquisition, and
Operations'', $8,500,000.
(6) ``Department of Homeland Security, Domestic Nuclear
Detection Office, Research, Development, and Operations'',
$17,100,000.
(7) ``Department of Homeland Security, Coast Guard,
Acquisition, Construction, and Improvements'', $1,122,000.
[[Page H913]]
Sec. 1649. Of the unobligated balances available for
``Department of Homeland Security, U.S. Customs and Border
Protection, Construction'' for construction projects,
$106,556,000 is rescinded: Provided, That the amounts
rescinded under this section shall be limited to amounts
available for Border Patrol projects and facilities as
recommended by the Department of Homeland Security in the
fiscal year 2011 budget request.
Sec. 1650. Of the unobligated balances made available
under section 44945 of title 49, United States Code, $800,000
is rescinded.
Sec. 1651. Of the unobligated balances available for
``Department of Homeland Security, Transportation Security
Administration'', $15,000,000 is rescinded: Provided, That
the Transportation Security Administration shall not rescind
any unobligated balances from the following programs:
explosives detection systems; checkpoint support; aviation
regulation and other enforcement; and air cargo.
Sec. 1652. Of the unobligated balances available for
``Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Protection and
Information Security'', the following amounts are rescinded:
(1) $6,000,000 from Next Generation Networks.
(2) $9,600,000 to be specified in a report submitted by the
Secretary of Homeland Security to the Committees on
Appropriations of the Senate and the House of Representatives
no later than 15 days after the date of enactment of this
division, that describes the amounts rescinded and the
original purpose of such funds.
Sec. 1653. From the unobligated balances of funds made
available in the Department of the Treasury Forfeiture Fund
established by section 9703 of title 31, United States Code,
that was added to such title by section 638 of Public Law
102-393, $22,600,000 is rescinded.
Mr. ROGERS of Kentucky. Mr. Chairman, I move that the Committee do
now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Alderholt) having assumed the chair, Mr. Chaffetz, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1) making
appropriations for the Department of Defense and the other departments
and agencies of the Government for the fiscal year ending September 30,
2011, and for other purposes, had come to no resolution thereon.
____________________